Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

BLaw > Chapter 5 > Flashcards

Chapter 5 Flashcards

0
Q

Tort Action

A

Is a civil action in which one person brings a personal suit against another, usually for damages.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Tort

A

Consists of wrongful conduct by one person that causes injury to another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Punative damages

A

Are intended to punish the wrongdoer and deter others from similar wrongdoing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Special damages

A

Cover quantifiable losses (medical expenses, lost wages, irreplaceable items, damage to property)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

General damages

A

Are for non-monetary harm such as pain, suffering, loss of reputation, and impairment to physical or mental capacity.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Assult

A

Is the intentional, unexcused threat of immediate harmful or offensive contact.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Battery

A

This is the intentional and harmful or offensive physical contact. Physical injury need not occur.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

False inprisonment

A

The intentional confinement or restraint of another person without justification.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Deffamation

A

Is wrongfully hurting another’s good reputation through false statements.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Elements of fraud:

A

1) misrepresentation
2) intent
3) justifiable reliance
4) dmages
5) casual connection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Conversion

A

Is the act of depriving an owner of personal property without permission and without just cause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Negligence

A

Is someones failure to live up to a required duty of care, causing another to suffer injury.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Elements of negligence

A

1) duty of care
2) breach of duty of care
3) causation
4) damage or injury as a result of the breach.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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.

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

TRUE/FALSE

A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assult.

A

False

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

TRUE/FALSE

A defamatory statement must be communicated to a third party to be actionable.

A

True

16
Q

TRUE/FALSE

Puffery is fraud

A

False

17
Q

TRUE/FALSE

conversion is wrongfully taking or retaining an individuals personal property and placing it in the service of another

A

True

18
Q

TRUE/FALSE

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of duty of care.

A

False

19
Q

TRUE/FALSE

Strict liability is liability without fault

A

True

20
Q

TRUE/FALSE

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

A

False

21
Q

TRUE/FALSE

An internet service provider is not normally liable for its users defamatory remarks

A

True

22
Q

TRUE/FALSE

Internet service providers are liable for the defamatory remarks of those who use their services.

A

False

23
Q

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 _____.

A

Cause in fact

24
Q

To protect its customers and other business invitees, quality mart must warn them of ____.

A

Hidden dangers

25
Q

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 ____.

A

Other professionals, including accountants, attorneys, and physicians.

26
Q

Dante sends a letter to ella in which he falsely accuses her of embezzling. This is defamation only if the letter is read by _____.

A

Any third person

27
Q

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 ____.

A

Even if Nina was only slightly at fault

28
Q

Online company is an internet service provider. Ads unlimited spams OC Customers some of who cancel OC services. Ads unlimited is liable for _____.

A

Trespass to personal property

29
Q

Lonnie drives across myras land. This is trespass to land only if ____.

A

Lonnie does not have permission to drive on Myra’s land.

30
Q

Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, Pam may use ____.

A

Force that is reasonably neccesary.

31
Q

Ricky accuses sarah of fraud. Normally, the reliance that gives rise to fraud is based on a statement of ____.

A

Fact

32
Q

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 _____.

A

Wrongful interference with a business relationship.

BLaw (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions