Chapter 4

Question 1

Intentional tort

Answer 1

one that is committed deliberately = intent (realizing harm will incur) + willful wrong (violates another’s interests)

Question 2

Assault

Answer 2

deliberate threat coupled with the apparent present ability to do physical harm to another (no actual damage or harm necessary)

Question 3

Battery

Answer 3

intentional touching of another’s person in a socially impermissible manner, without the person’s consent (unauthorized surgery)

Question 4

False imprisonment

Answer 4

unlawful restraint of an individual’s personal liberty or the unlawful restraint or confinement of an individual

Question 5

To recover damages for false imprisonment, a plaintiff must:

Answer 5

1. be aware of the confinement
2. have no reasonable means of escape

Question 6

Slander

Answer 6

verbal form of defamation of character to a third party

Question 7

Libel

Answer 7

written form of defamation of character to a third party

Question 8

Libel/slander per se

Answer 8

means the court assumes certain words and accusations cause injury to a person’s without proof of damages

Question 9

Words/accusations that require no proof of harm are:

Answer 9

1. accusing someone of a crime
2. accusing someone of having a loathsome disease
3. using works that affect a person’s profession or business
4. calling a woman unchaste

Question 10

Defenses to a defamation action

Answer 10

1. truth - not liable if the statement is true
2. privilege - qualified and absolute

Question 11

Absolute privilege

Answer 11

statements made during judicial and legislative proceedings or confidential communications between spouses

Question 12

Qualified privilege

Answer 12

legal or moral duty to speak in the interests of the third person

Question 13

Fraud

Answer 13

a willful and intentional misrepresentation that could cause harm or lass to a person or property

Question 14

The following have to be present to prove fraud:

Answer 14

1. an untrue statement known to be untrue by the party making it and made with intent to deceive
2. justifiable reliance by the victim on the truth of the statement
3. damages as a result of the reliance

Question 15

Invasion of privacy

Answer 15

a wrong that invades the right of a person to personal privacy

Question 16

Infliction of mental distress

Answer 16

distress that is characterized by conduct that goes beyond the bounds tolerated by a descent society

Question 17

To prove the infliction of emotional distress, the plaintiff must establish the following:

Answer 17

1. the defendant’s conduct was intentional or reckless
2. the conduct was extreme and outrageous
3. the conduct caused emotional distress to the plaintiff
4. the emotional distress was severe

Question 18

Product liability

Answer 18

accountability of a manufacturer, seller, or suppler to a buyer for injuries sustained from a defect in a product

Question 19

Express warranty

Answer 19

specific promises or affirmations made by the seller to the buyer

Question 20

Implied warranty

Answer 20

guarantee of a product’s quality that is not expressed in a purchase contract

Question 21

Strict liabliity

Answer 21

legal doctrine that causes some persons or entries to be responsible for the damages their actions or products cause, regardless of “fault” on their part (blast injury from construction, drugs and medical equipment)

Question 22

Product liability defenses

Answer 22

1. assumption of a risk (radiation treatment, chemotherapy treatment)
2. intervening cause
3. contributory negligence (use of a product in a way it was not intended)
4. comparative fault (injury due to negligence by both the manufacturer and plaintiff)
5. disclaimers