Chapter 6

Question 1

What is a tort?

Answer 1

A violation of duty imposed by the civil law when a person breaks the duties and injures another

Question 2

What is Intentional Tort?

Answer 2

Involves intentional conduct, not the intended result

Question 3

Defamation

Plaintiff must prove all 4 of the elements to prevail

Answer 3

1. Harmed/injured their reputation
2. False/untrue
3. Communicated (public) to a third party
4. Must show injury

Question 4

Libel

Answer 4

Written- Defamation

Question 5

Slander

Answer 5

Oral-Defamation

Question 6

Public Figure-defamation

Answer 6

Public figure has to show 1-4 and whatever was written or said was malice which means the person did it on purpose and knew it was false.

Question 7

False Imprisonment

Answer 7

is the intentional restraint of another person without reasonable cause and without consent

Question 8

Emotional Distress

Answer 8

Causes emotional harm. It has to be extreme and outrageous (Courts are concerned that people can pretend to be in emotional distress)

Question 9

Battery

Answer 9

Intentional touching that causes harm or is offensive

Question 10

Assault

Answer 10

Immediate fear of harmful conduct/battery

Question 11

Fraud

Answer 11

Injuring another person by intentional deception. False statement of material fact. Person relies on the false statement and gets injured

Question 12

Trespass

Answer 12

Go onto property without owners permission

Question 13

Conversion

Answer 13

Taking or using someones personal property without consent. (Long period of time)

Question 14

Tortious Interference with a contract

Answer 14

1. Contract existed and defendant knew it
2. Defendant induced party to breach the contract
3. Damages/injuries

Question 15

Intrusion

Answer 15

To be left alone to some extent. (cannot listen to phone calls or spy on you)

Question 16

Compensatory Damages

Answer 16

Money intended to restore the plaintiff to the position he/she was in before the injury.

Question 17

Punitive Damages

Answer 17

Intended to punish the defendant for conduct that is extreme and outrageous usually a monetary punishment

Question 18

Privilege

Answer 18

In certain situations it is allowable to speak freely without fear of being sued for defamation

Question 19

Intentional infliction of emotional distress

Answer 19

Results from extreme and outrageous conduct that causes serious emotional harm.

Question 20

Single Recovery Principle

Answer 20

Requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses.

Question 21

Lanham Act

Answer 21

Provides broad protection against false statements intended to hurt another business. Prohibits false statements in commercial and advertising.

Question 22

Malice

Answer 22

Public Personalities can win a defamation suit only by proving actual malice.

Question 23

Commercial Exploitation

Answer 23

The right to commercial exploitation prohibits the use of someones likeness or voice for commercial purposes without permission

Question 24

Slander per se

Answer 24

Lies in the four categories of defamation

Question 25

Tortious interference with a prospective advantage

Answer 25

Malicious interference with a developing economic relationship