Chapter 5

Question 1

Tort

Answer 1

A wrong. 3 categories: 1) intentional

                                   2) negligence
                                   3) strict liability

Question 2

Punitive Damages

Answer 2

Awarded to punish the defendant to deter the defendant from similar conduct in the future, and to set an example for others. May be recovered in intentional tort or strict liability cases.

Question 3

Intentional Tort

Answer 3

Requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries.

Question 4

Assault

Answer 4

1) The threat of immediate harm or offensive contact or 2)any action that arouses reasonable apprehension of immediate harm.

Actual physical contact is unnecessary.

Question 5

Battery

Answer 5

Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary.

Question 6

Doctrine of Transferred Intent

Answer 6

When a person acts with intent to injure one person but actually injures another, the law transfers perpetrator’s intent from the target to the actual victim of the act.

Question 7

False Imprisonment / False Arrest

Answer 7

The intentional confinement or restraint of another person without authority or justification and without that person’s consent

Question 8

Merchant Protection Statutes / Shopkeeper’s Priviledge

Answer 8

Allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if 1) there are reasonable grounds for suspicion, 2) suspects are detained for only a reasonable time, and 3) investigations are conducted in a reasonable manner.

Question 9

Defamation of Character

Answer 9

False statement(s) made by one person about another. In court, the plaintiff must prove that 1) the defendant made an untrue statement of fact about the plaintiff and 2) the statement was intentionally or accidentally published to a third party.

Question 10

Slander

Answer 10

Oral defamation of character.

Question 11

Libel

Answer 11

A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on.

Question 12

Tort of Misappropriation of the Right to Publicity

Answer 12

An attempt by another person to appropriate a living (and in some states dead) person’s name or identityfor commercial purposes.

Plaintiff can 1) recover the unauthorized profits made by the offending party and 2) obtain an injunction against further unauthorized use of his or her name or identity.

Question 13

Invasion of the Right to Privacy

Answer 13

Constitutes the violation of a person’s right to live his life without being subjected to unwarranted and undesired publicity.

Question 14

Intentional Infliction of Emotional Distress / Tort of Outrage

Answer 14

Says that a person whose extreme and outrageous conduct intentionally or recklessly causes sever emotional distress to another person is liable for that emotional distress.

Question 15

Trespass to Land

Answer 15

Person interferes with owner’s right to exclusive possession of land.

Question 16

Trespass to Personal Property / Conversion of Personal Property

Answer 16

Occurs whenever one person injures another person’s property or interferes with that person’s enjoyment of his or her personal property.

Question 17

Negligence

Answer 17

Doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.

Question 18

Elements of Negligence (E.o.N.)

Answer 18

1) Duty of Care
2) Breach of Duty
3) Injury to Plaintiff
4) Causation: Causation in Fact and Proximate Cause

Question 19

Duty of Care (E.o.N.)

Answer 19

The obligation we all owe each other not to cause any unreasonable harm or risk of harm.

Question 20

Breach of Duty (E.o.N.)

Answer 20

Failure to exercise care or to act as a reasonable person would act.

Question 21

Injury to Plaintiff (E.o.N.)

Answer 21

Personal injury or damage that a plaintiff suffers to his property to recover monetary damages for the defendant’s negligence.

Question 22

Causation (E.o.N.)

Answer 22

The act or process of causing. A person who commits a negligent act is not liable unless his act was the cause of the plaintiff’s injuries. The two types are 1) Causation in Fact and 2) Proximate Cause

Question 23

Causation in Fact (E.o.N.)

Answer 23

The actual cause of negligence. A person who commits a negligent act is not liable unless causation in fact can be proven.

Question 24

Proximate Cause (E.o.N.)

Answer 24

A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his actions. (Palsgraf)

Question 25

Negligent Infliction of Emotional Distress

Answer 25

Permits a person to recover for emotional distress caused by the defendant’s negligent conduct. Plaintiff must prove that 1) a relative was killed or injured by the defendant, 2) the plaintiff suffered severe emotional distress, and 3) the plaintiff’s mental distress resulted from a sensory and contemporaneous observance of the accident.

Question 26

Professional Malpractice

Answer 26

The liability of a professional who breaches his duty of ordinary care.

Question 27

Negligence Per Se

Answer 27

Tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care. Plaintiff must prove that 1) a statute existed, 2) the statute was enacted to prevent the type of injury suffered, and 3) the plaintiff was within a class of persons meant to be protected by the statute.

Question 28

Res Ipsa Loquitur

Answer 28

Tort in which the presumption of negligence arises because 1) the defendant was in exclusive control of the situation and 2) the plaintiff would not have suffered injury but for someone’s negligence. The burden switches to the defendant to prove that he was not negligent.

Question 29

Good Samaritan

Answer 29

Statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.

Question 30

Dram Shop Act

Answer 30

Statute that makes taverns and bartenders liable for injuries caused or by patrons who are served too much alcohol.

Question 31

Guest Statute

Answer 31

Statute that provides that if a driver of a vehicle voluntarily and without compensation gives a ride to another person, the driver is not liable to the passenger for injuries caused by the driver’s ordinary negligence.

Question 32

Fireman’s Rule

Answer 32

A firefighter who is injured while putting out a fire may not sue the party whose negligence caused the fire. Extended to police officers and other government workers. Basis for this rule: 1) people might not help if they might be held liable, 2) firefighters, police officers, and other such workers receive special training for their jobs, 3)these workers have special medical and retirement programs paid for by the public.

Question 33

“Danger Invites Rescue” Doctrine

Answer 33

Doctrine that provides that a rescuer who is injured while going to someone’s rescue can sue the person who caused the dangerous situation.

Question 34

Social Host Liability Rule

Answer 34

Rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect.

Question 35

Duty of Ordinary Care

Answer 35

The duty an owner owes an invitee or a licensee to prevent injury or harm when the invitee or licensee steps on the owner’s premises.

Question 36

Duty Not to Willfully or Wantonly Injure

Answer 36

The duty an owner owes a trespasser to prevent intentional injury or harm to the trespasser when the trespasser is on his premises.

Question 37

Duty of Utmost Care

Answer 37

A duty of care that goes beyond ordinary care and that says common carriers and innkeepers have a responsibility to provide security to their passengers or guests.

Question 38

Superseding Event

Answer 38

An intervening event for which a defendant is not responsible.

Question 39

Assumption of the Risk

Answer 39

A defense that defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Defense assumes the plaintiff 1) had knowledge of the specific risk and 2) voluntarily assumed that risk.

Question 40

Contributory Negligence

Answer 40

A doctrine that says a plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant.

Question 41

Comparative Negligence

Answer 41

A doctrine under which damages are apportioned according to fault.

Question 42

Unfair Competition

Answer 42

Competition that violates the law.

Question 43

Palming Off

Answer 43

Unfair competition that occurs when a fair company tries to pass off one of its products as that of a rival.

Plaintiff must prove that 1) the defendant used the plaintiff’s logo,symbol, mark, and so on and 2) there is a likelihood of confusion as to the source of the product.

Question 44

Disparagement

Answer 44

False statements about a competitor’s products, services, property, or business reputation.

Plaintiff must show that the defendant 1) made an true statement about the plaintiff’s products, service, property, or business reputation, 2) published this untrue statement to a third party, 3) knew the statement was not true, and 4) made the statement maliciously.

Question 45

Intentional Misrepresentation / Fraud

Answer 45

The intentional deception of another person out of money, property, or something else of value.

One of the most pervasive business torts.

Elements required: 1) Wrongdoer made false representation of material fact.

                             2) Wrongdoer had knowledge that representation was false and intended to deceive the innocent party.
                             3) Innocent party justifiably relied on the misrepresentation.
                             4) Innocent party was injured.

Question 46

Intentional Interference with Contractual Relations

Answer 46

Tort that arises when a third party induces a contracting party to breach the contract with another party.

Elements required: 1) a valid, enforceable contract between the contracting parties.

                             2) Third-party knowledge of this contract. 
                              3) Third-party inducement to breach the contract.

Question 47

Covenant of Good Faith and Fair Dealing

Answer 47

Under this implied covenant, the parties to a contract not only are held to the express terms of the contract but also are required to act in “good faith” and deal fairly in all respects in obtaining the objective of the contract.

Question 48

Strict Liability

Answer 48

Liability without fault.

This doctrine holds that 1) certain activities can place the public at risk of injury even if reasonable care is taken, and 2) the public should have some means of compensation if such injury occurs. Abnormally dangerous activities