Chapter 5

Question 1

Compensates those that have suffered a loss due to a Nother’s wrongful conduct

Answer 1

Tort law

Question 2

Reimburses the plaintiff for actual losses

Answer 2

Compensatory damages

Question 3

Monetary damages used to punish the defendant; only allowed in circumstances where the conduct was particularly bad

Answer 3

Punitive damages

Question 4

Critics of tort law argue that it leads to unnecessary lawsuits and clogs the courts, some jurisdictions have taken steps to decrease the number of lawsuits such as; limiting the amount of damages I can be awarded, capping the amount of lawyers can accept on contingency fees, requiring the losing party to pay both parties legal fees

Answer 4

Tort reform

Question 5

Assault-putting another in fear of receiving an immediate harm
Battery-harmful or offensive contact
False imprisonment-confining or restraining another
Intentional infliction of emotional distress-outrageous conduct that causes emotional harm

Answer 5

Types of torts against a person

Question 6

Wrongfully hurting a Nother’s reputation by making false statements: The statement must be published were told to someone other than the plane

Answer 6

Defamation

Question 7

Intentional deceit of another for personal gain: the person must miss represent a fact he or she knows to be true

Answer 7

Fraudulent misrepresentation

Question 8

If we go claims are completely unfounded or the court process is being misused

Answer 8

Abusive or frivolous litigation

Question 9

Occurs when a person intentionally encourages a party to break the contract

Answer 9

Wrongful interference with a contractual relationship

Question 10

When a person uses predatory tactics to take another businesses customer

Answer 10

Wrongful interference: with a business relationship

Question 11

If the interference with justified or permissible, there is no wrongful interference

Answer 11

Defenses

Question 12

Landon everything attached land

Answer 12

Real property

Question 13

Movable, tangible items

Answer 13

Personal property

Question 14

Occurs when a Nother enters a Nother’s real property without permission

Answer 14

Trespass to land

Question 15

Failure to exercise a duty of care that a reasonable person would exercise in the same situation

Answer 15

Negligence

Question 16

The defendant is held to the same standard as a reasonably objective person in the defendant same situation would have acted

Answer 16

Reasonable person standard

Question 17

People who invite others onto property have a duty to keep the premises safe

Answer 17

Duty of landowners

Question 18

Professionals have a duty of care towards their clients

Answer 18

Duties of professionals

Question 19

A plaintiff who voluntarily enters a risky situation is not allowed to recover

Answer 19

Assumption of risk

Question 20

If an intervening a van broke the chain of causation between the defendants act in the injury there is no recovery

Answer 20

Superseding cause

Question 21

Used and a few states: if the plaintiff is also negligent

Answer 21

Contributory negligence

Question 22

Used in most states, if the plaintiff is also negligent in the plaintiffs level of fall determines whether how much is recovered

Answer 22

Comparative negligence

Question 23

A civil wrong that result in harm or injury to another

Answer 23

Tort

Question 24

Liability without fault is impose for certain activities

Sables: people who knowingly keep dangerous animals or manufactures to prove deuce defective or harmful products

Answer 24

Strict liability