Chapter 6

Question 1

What is the purpose of tort law?

Answer 1

Remedy for injury to a protected interest, person or property.

Question 2

What are the compensatory in tort actions?

Answer 2

Reimburse actual losses. Special is for quantifiable losses. General is for nonmonetary aspects like pain and suffering.

Question 3

What are the punitive in tort actions?

Answer 3

Punish and deter similar conduct in the future.

Question 4

What are the claimed elements of damage as prescribed by the jury?

Answer 4

The pain, suffering, emotional, distress as a result of injuries, disability/disfigurement, loss of enjoyment of life and loss of enjoyment in life in the future, loss of earnings and earning capacity, medical expenses, and caretaking.

Question 5

___states have caps on damages, punitive and general. Insurance-$___-50,000 or more per year.

Answer 5

30, 4

Question 6

What are the three types of torts?

Answer 6

Intentional torts, unintentional torts, strict liability torts.

Question 7

What is an intentional tort?

Answer 7

The tortfeasor must intend to commit the act. He intended the consequences of his act or knew or should have known certain consequences would result.

Question 8

What is transferred intent as apart of intentional torts?

Answer 8

If defendant harms “x” while trying to get “y.”

Question 9

What is assault in terms of intentional torts?

Answer 9

Causing reasonable apprehension of immediate unwanted physical contact that causes harm. No physical contact needed. Tort is not a crime, but can overlap.

Question 10

What is battery in terms of intentional torts?

Answer 10

An act that culminates in unwanted physical contact that causes harm. Can commit battery without committing assault. The completion of assault.

Question 11

What is the difference between battery and assault?

Answer 11

No emotional damage with battery, assault is mental damages, battery is actual physical contact damages

Question 12

What is infliction of emotional distress in terms of torts?

Answer 12

Extreme and outrageous conduct exceeding the bounds of society to be actionable. Resulting in severe emotional distress.

Question 13

What is false imprisonment in terms of intentional torts?

Answer 13

The intentional confinement of another person who is aware, without justification. Physical barriers, physical restraint, or threats of physical force.

Question 14

What is slander and libel?

Answer 14

A form of defamation (intentional tort), slander is oral libel is in broadcast media.

Question 15

What s defamation in terms of intentional torts?

Answer 15

False statement of fact, concerning and harms the plaintiffs reputation, one other person received it.

Question 16

What are the defenses to defamation?

Answer 16

Truth- absolute defense. Privileged speech, qualified privilege-employer reviews.

Question 17

What is fraudulent misrepresentation in terms of intentional torts?

Answer 17

Intentional deceit, usually for personal gain. Material fact, intent to induce another person to rely on the misrepresentation, justifiable reliance by innocent party, and damages connected to injury.