Chapter 6

Question 1

What is a tort

Answer 1

A civil wrong that is not a breach of contract

Question 2

Tortfeasor

Answer 2

Person who commits the tort

Question 3

4 types of tort wrongfulness

Answer 3

1) Intentional
2) reckless
3) negligent
4) strict liability

Question 4

Plaintiff who wins a tort case usually recovers

Answer 4

Compensatory damages

Question 5

Mathias v Accor Economy Lodging

Answer 5

Plaintiff repeatedly bitten by bedbugs, defendants did nothing

Award of punitive damages affirmed

Question 6

2 categories of international torts

Answer 6

1) those involving interference with personal rights
2) those involving interference with private property rights
*3rd one later

Question 7

Intentional battery (must be…)

Answer 7

Intentional and harmful or offensive touching of another without the person’s consent (must be offensive)

Question 8

Intentional : infliction of emotional distress

Answer 8

Most courts allow recovery for emotional distress even if no other tort is proven
Wrongdoers conduct must be outrageous and intentional

Question 9

False Imprisonment

Answer 9

Intentional confinement of another for an appreciable time without their consent

Question 10

Defamation

Answer 10

An unprivileged - publication of - false and defamatory statements - concerning another person

Truth is a defense

Question 11

Libel

Answer 11

Written defamation
Damages (injures to reputation) are presumed

Question 12

Slander

Answer 12

Oral defamation
Not actionable without proof of special damages

Question 13

Slander per se

Answer 13

Don’t need to show proof of damages just proof of statement

Question 14

Privilege (absolute and conditional)

Answer 14

Absolute privilege: includes participants in judicial proceedings/ legislative proceedings, certain executive officials in the course of their duties, and by 1 spouse to the other in private

Conditional Privilege: protects statements made to protect or further legitimate interests of another and statements made to promote a common interest

Question 15

Actual malice

Answer 15

Means the statement was made
1) knowing it was false
2) with reckless disregard for the truth

Question 16

Invasion of privacy (refers to 4 torts)

Answer 16

1) intrusion on solitude or seclusion
2) public disclosure of private facts
3) false light publicity
4) commercial appropriation of name or likeness

Question 17

Jordan v Jewel Food

Answer 17

The court held that the ad was commercial speech

Question 18

Deceit (fraud)

Answer 18

Formal name for the tort claim available to victims of knowing or intentional misrepresentations

Question 19

Trespass to Land

Answer 19

Any unauthorized or intentional intrusion upon another’s real property

Question 20

Conversion - defendants intentional exercise of control over plaintiffs personal property without plaintiffs consent through:

Answer 20

Acquisition
Removal
Transfer to another
Withholding possession
Use
Destruction or alteration