Chapter 5 Flashcards
Tort Action
Is a civil action in which one person brings a personal suit against another, usually for damages.
Tort
Consists of wrongful conduct by one person that causes injury to another.
Punative damages
Are intended to punish the wrongdoer and deter others from similar wrongdoing.
Special damages
Cover quantifiable losses (medical expenses, lost wages, irreplaceable items, damage to property)
General damages
Are for non-monetary harm such as pain, suffering, loss of reputation, and impairment to physical or mental capacity.
Assult
Is the intentional, unexcused threat of immediate harmful or offensive contact.
Battery
This is the intentional and harmful or offensive physical contact. Physical injury need not occur.
False inprisonment
The intentional confinement or restraint of another person without justification.
Deffamation
Is wrongfully hurting another’s good reputation through false statements.
Elements of fraud:
1) misrepresentation
2) intent
3) justifiable reliance
4) dmages
5) casual connection
Conversion
Is the act of depriving an owner of personal property without permission and without just cause.
Negligence
Is someones failure to live up to a required duty of care, causing another to suffer injury.
Elements of negligence
1) duty of care
2) breach of duty of care
3) causation
4) damage or injury as a result of the breach.
TRUE/FALSE
To commit an intentional tort, a person must intend the consequences of his own actions or know with substantial certainty that certain consequences will result.
True
TRUE/FALSE
A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assult.
False
TRUE/FALSE
A defamatory statement must be communicated to a third party to be actionable.
True
TRUE/FALSE
Puffery is fraud
False
TRUE/FALSE
conversion is wrongfully taking or retaining an individuals personal property and placing it in the service of another
True
TRUE/FALSE
An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of duty of care.
False
TRUE/FALSE
Strict liability is liability without fault
True
TRUE/FALSE
Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.
False
TRUE/FALSE
An internet service provider is not normally liable for its users defamatory remarks
True
TRUE/FALSE
Internet service providers are liable for the defamatory remarks of those who use their services.
False
Driving a car negligently, rollo crashes into a utility pole. The pole falls smashing through the roof of a house, killing Skilly. But for rollos negligence, skilly would not have died. Regarding the death, the crash is the _____.
Cause in fact
To protect its customers and other business invitees, quality mart must warn them of ____.
Hidden dangers
Hector, an engineer, supervises the construction of a new house. When the house collapses due to faulty work, the injured parties sue hector. As a professional, hector is held to the same standard of care as ____.
Other professionals, including accountants, attorneys, and physicians.
Dante sends a letter to ella in which he falsely accuses her of embezzling. This is defamation only if the letter is read by _____.
Any third person
Nina is injured in a truck accident and sues Opal, alleging negligence. Opal claims that Nina was driving carelessly. Comparative negligence may reduce Nina’s recovery ____.
Even if Nina was only slightly at fault
Online company is an internet service provider. Ads unlimited spams OC Customers some of who cancel OC services. Ads unlimited is liable for _____.
Trespass to personal property
Lonnie drives across myras land. This is trespass to land only if ____.
Lonnie does not have permission to drive on Myra’s land.
Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, Pam may use ____.
Force that is reasonably neccesary.
Ricky accuses sarah of fraud. Normally, the reliance that gives rise to fraud is based on a statement of ____.
Fact
Melvin, a wholesale dairy products salesperson, follows Nadine, another wholesale dairy products salesperson, as he contacts his customers. Melvin solicits each of Nadine’s customers. Melvin is most likely liable for _____.
Wrongful interference with a business relationship.
