Chapter 12: Torts

Question 1

Laws designed to compensate those who have suffered a loss or injury, due to another person’s wrongful act.

Answer 1

Torts

Question 2

Damages given to the plaintiff that’s prime goal is to make the plaintiff whole and put her or him in the same position that she or he would have been in had the tort not occurred.

Answer 2

Compensatory damages

Question 3

Damages to punish the wrongdoer and deter others from similar wrongdoing. These are appropriate only when the defendant’s conduct was particularly egregious.

Answer 3

Punitive damages

Question 4

The tortfeasor (the one committing the tort) must intend to commit an act, the consequences of which interfere with another’s personal or business interests in a way not permitted by law.

Answer 4

Intentional tort

Question 5

When a defendant intends to harm one individual, but unintentionally harms a second person.

Answer 5

Transferred intent

Question 6

Any intentional and unexcused threat of immediate harmful or offensive contact–words or acts that create a reasonably believable threat.

Answer 6

Assault

Question 7

An unexcused and harmful or offensive physical contact intentionally performed.

Answer 7

Battery

Question 8

Capable of serving as the ground for a lawsuit. The act must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society.

Answer 8

Actionable

Question 9

Wrongfully hurting a person’s good reputation.

Answer 9

Defamation

Question 10

When someone breaches their duty to refrain from making defamatory statements of fact in writing or permanent form, they are…

Answer 10

Libel

Question 11

If someone breaches their duty to refrain from making defamatory statements of fact orally, they are considered guilty of…

Answer 11

Slander

Question 12

The privileges of attorneys and judges in the courtroom during a trial are protected, as are statements made by government officials during legislative debate.

Answer 12

Absolute privelage

Question 13

Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of….

Answer 13

Qualified privilege

Question 14

Politicians, entertainers, professional athletes, and others in the public eye that are considered “fair game” and false and defamatory statements about them won’t constitute defamation unless they are made with actual malice

Answer 14

Public figures

Question 15

A statement that is made with either knowledge of its falsity or a reckless disregard for the truth.

Answer 15

Actual malice

Question 16

Involves intentional deceit for personal gain.

Answer 16

Fraudulent misrepresentation

Question 17

Seller’s talk

Answer 17

Puffery

Question 18

Occurs when a person, without permission, does any of the following:

1. Enters onto, above, or below the surface of land that is owned by another.
2. Causes anything to enter onto land owned by another.
3. Remains on land owned by another or permits anything to remain on it.

Answer 18

Trespass to land

Question 19

One who is invited (or allowed to enter) onto the property of another for the licensee’s benefit.

Answer 19

Licensee

Question 20

Whenever any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner’s possession and enjoyment of personal property.

Answer 20

Trespass to personal property

Question 21

Any act that deprives an owner of personal property or of the use of that property without the owner’s permission and without just cause.

Answer 21

Conversion

Question 22

Occurs when economically injurious falsehoods are made about another’s product or property rather than about another’s reputation.

Answer 22

Disparagement of property

Question 23

The publication of false information about another’s product, alleging that it is not what its seller claims.

Answer 23

Slander of quality

Question 24

The plaintiff must prove that the improper publication cause a third person to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages as a result.

Answer 24

Trade libel

Question 25

When a publication falsely denies or casts doubt on another’s legal ownership of property, resulting in financial loss to the property’s owner.

Answer 25

Slander of title

Question 26

Occurs when someone suffers injury because of another’s failure to live up to a required duty of care.

Answer 26

Negligence

Question 27

The basic principle that people are free to act as they please so long as their actions do not infringe on the interests of others.

Answer 27

Duty of care

Question 28

In determining whether a duty of care has been breached, the courts ask how a reasonable person would have acted in the same circumstances.

Answer 28

Reasonable person standard

Question 29

When a professional violates his or her duty of care toward a client, the client may bring a suit against the professional, alleging…

Answer 29

Malpractice

Question 30

Can be determined by use of the “but for” test. “but for” the wrongful act, the injury would not have occurred.

Answer 30

Causation in fact

Question 31

When the connection between an act and an injury is strong enough to justify imposing liability.

Answer 31

Proximate cause

Question 32

Occurs when defendant violates a statute designed to protect the type of plaintiff that was injured.

Answer 32

Negligence per se

Question 33

Protects someone who renders aid to an injured person from being sued for negligence.

Answer 33

Samaritan statutes

Question 34

Acts under which a bar’s owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar.

Answer 34

Dram shop acts

Question 35

A defense to negligence in which a plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover. This requires (1)Knowledge of the risk and (2)Voluntary assumption of the risk.

Answer 35

Assumption of risk

Question 36

A unforeseeable, intervening act that breaks the causal link between Defendant’s act and Plaintiff’s injury, relieving Defendant of liability

Answer 36

Superseding Cause

Question 37

If plaintiff in any way caused his injury, he was barred from recovery.

Answer 37

Contributory Negligence

Question 38

Computes liability of Plaintiff and Defendant and apportions damages.

Answer 38

Comparative negligence

Question 39

Allows Plaintiff to recover even if his liability is greater than that of Defendant

Answer 39

Pure Comparative negligence

Question 40

Percent of damages Plaintiff causes herself are subtracted from the total award.

Answer 40

Modified Comparative negligence