Chapter 5: intentional torts and negligence

Question 1

Tort

Answer 1

a wrong; modern term is personal injury

Question 2

Imminent

Answer 2

something could happen in next present moment

Question 3

Intentional Torts

Answer 3

a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries

Question 4

Assault

Answer 4

the threat of immediate harm or offensive contact; any action that arouses reasonable apprehension of imminent harm (actual physical contact is unnecessary)

Question 5

Battery

Answer 5

unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury (can be unauthorized but reasonable)

Question 6

Transferred Intent Doctrine

Answer 6

under this doctrine, the law transfers the perpetrators intent from the target to the actual victim of threat

Question 7

False Imprisonment

Answer 7

the intentional confinement or restraint of another person without authority or jurisdiction and without that person’s consent
rule:
>actual detention
>no permission

Question 8

Shoplifting and Merchant Protection Statutes

Answer 8

statutes that allow merchant to stop, detain, and investigate suspected shoplifter without being help liable for false imprisonment if:

1. there are reasonable grounds for suspicion
2. suspects are detained for only a reasonable time
3. investigators are conducted in reasonable manner

Question 9

Misappropriation of Right to Publicity

Answer 9

using someone’s voice or appearance; an attempt by another person to appropriate a living person’s name or identity for commercial purpose

Question 10

Invasion of the Right to Privacy

Answer 10

the unwarranted and undesired publicity of a private fact about a person; a fact does not have to be true

Question 11

Defamation of Character

Answer 11

false statements made by one person about another
must prove the following:
1. defendant made untrue statement of fact
2. statement was intentionally or accidentally published to a third party

Question 12

Libel

Answer 12

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

Question 13

Slander

Answer 13

oral defamation of character

Question 14

Disparagement

Answer 14

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

Question 15

Intentional Misrepresentation (Fraud)

Answer 15

the intentional defrauding of a person out of money, property, or something else of value

Question 16

Four Elements to Find Fraud

Answer 16

1. Wrongdoer made a false statement of material face
2. (scienter) wrongdoer had knowledge that the representation was false and intended to deceive the innocent party
3. innocent party justifiably relied on the misrepresentation
4. innocent party was injured

Question 17

Intentional Infliction of Emotional Distress

Answer 17

a tort that states say a person whose extreme and outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress
criteria:
>outrageous behavior
>actual emotional distress

Question 18

Malicious Protection

Answer 18

someone in power purposely prosecuting another without probable cause to do so; a lawsuit in which the original defendant sues the original plaintiff and second lawsuit consists of the defendant becoming the plaintiff and vice versa

Question 19

Unintentional Tort

Answer 19

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

Question 20

Elements of Unintentional Tort

Answer 20

1. Duty of care
2. Breach of the duty
3. Causation
4. Injury

Question 21

Duty of Care

Answer 21

obligation people owe each other not to cause any unreasonable harm or risk or harm

Question 22

Reasonable Person Standard

Answer 22

a test used to determine whether a defendant owes a duty of care

Question 23

Breach of Duty

Answer 23

a failure to exercise care or to act as a reasonable person would act

Question 24

Injury

Answer 24

a plaintiffs person injury or damages to his or her property that enables him or her to recover monetary damages for the defendants negligence

Question 25

Actual Cause

Answer 25

the actual cause of negligence; a person who commit a negligent act is not liable unless actual cause can be proven

Question 26

Proximate Cause

Answer 26

a point along a chain of event caused by a negligent party after which the party is no longer legally responsible for the consequences of his/her action

Question 27

Professional Malpractice

Answer 27

the liability of a professional who breaches his/her duty of ordinary care

Question 28

Negligent Infliction

Answer 28

a tort that permit a person to recover a for emotional distress cause by the defendant negligent conduct

Question 29

Negligence Per Se

Answer 29

a tort in which the violation of a statute or an ordinance constitutes the branch of the duty of care

Question 30

Res Ipsa Loquitur

Answer 30

a tort in which the presumption of negligence arises because

1. the defendant had exclusive control of the instrumentality or situation that caused the plaintiff’s injury
2. the injury would not have ordinarily occurred but for someones negligence

Question 31

Good Samaritan Laws

Answer 31

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

Question 32

Superseding Event

Answer 32

an event for which a defendant is not responsible

Question 33

Assumption of the Risk

Answer 33

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

Question 34

Contributory

Answer 34

a doctrine that says a plaintiff who is partially at fault for his/her own injury cannot recover against the negligent defendant; must be blameless to make recover

Question 35

Comparative

Answer 35

a doctrine under which damages are apportioned according to fault

Question 36

Partial Comparative Negligence

Answer 36

provide plaintiff must be less than 50% responsible for causing her/his own injuries to recover under comparative negligence

Question 37

Strict Liability

Answer 37

liability without fault; fault is automatic

Question 38

Comparative Advantages

Answer 38

recover percentage and recover even if you are at fault

Question 39

Contributory Advantages

Answer 39

less litigation