Chapter 6

Question 1

Is a tort a civil wrong?

Answer 1

Yes

Question 2

What are the three types or torts

Answer 2

Negligence, Intentional and Strict

Question 3

How does a business become involved in a tort?

Answer 3

Persons harmed by a business or its employees, persons harmed by a product my the business or business harmed by wrongful acts of another business.

Question 4

What is purpose of tort law?

Answer 4

To compensate victims for injuries by the defendant

Question 5

What are negligence based torts?

Answer 5

Unintentional carless conduct that creates an unreasonable risk of harm to others.

Question 6

Four parts to have a tort

Answer 6

Duty, Breach, Causation, Harm

Question 7

Duty (of care)

Answer 7

Reasonable person standard. How people in the relative community ought to behave.
ex)maria has the duty to drive within the parameters of law

Question 8

Breach (of duty)

Answer 8

Duty of care owed was breached through some act or omission on part of the wrong doer
ex) maria failed to obey the traffic law . failing to stop at a red light is breach of that duty

Question 9

Causation

Answer 9

Casual connection to the injury (but for test)

-cause in fact ex) but for the fact that maria drove through a red light, she would not have hit sam

Question 10

Harm

Answer 10

Injury or damages

Question 11

Does negligence require intent to cause harm?

Answer 11

NO

Question 12

Gross Negligence

Answer 12

Carelessness which is in reckless disregard for the safety or lives of others, and is so great that is appears to be a conscious violation to other people’s rights to safety.

Question 13

Example of Gross Negligence

Answer 13

Surgeon amputating on the wrong limb

Question 14

Reasonable Person Standard

Answer 14

How persons in the relative community ordinarily ought to behave. One is supposed to act reasonable always. Defendants is not liable for every injury our actions cause-only those resulting from unreasonable behavior

Question 15

The cause in fact?

Answer 15

The persons conduct is the actual cause of the event created the injury (but for test)

Question 16

Example of Causation

Answer 16

But for the fact that Maria drive though a red light, she would not have hit him.

Question 17

Proximate cause

Answer 17

A defendant in a negligence case is only responsible for harms that the defendant could have foreseen through his or her actions.

Question 18

Proximate Cause (Palsgraf v Long Island)

Answer 18

(All the activity is happening at a far distance away from Ms. Palsgraf, she didn’t get hit by the fireworks, but the ceiling. No one could possibly foresee that it would happen. She fails the proximate cause test because no one could ever see that happening. Maybe if she was closer, but this was just a freak accident.

Question 19

Res Ipsa Loquitur

Answer 19

The thing that speaks for itself. The person has an operation to have her appendix removed. Sometimes after the operation she still has pain in her stomach, goes back to the doctor, takes an x-ray and sees that the scalpel or the surgical knife, was still inside of her when she was sewn up.

Question 20

Substantial Factor Test

Answer 20

A cause that is a substantial factor in bringing about an injury. Ex) If a defendant works in a factor and develops cancer, he might allege that the cancer resulted from asbestos poisoning.

Question 21

Intervening Conduct

Answer 21

The causal connection to an injury is broken by an unforeseeable intervening act or event. The less involved a person is involved in the event the more unforeseeable the damage happening is.

Question 22

Danger Invites Rescue

Answer 22

Negligent parties are responsible for losses suffered but those who attempt to save others in danger as the result of torts of others.

Question 23

Harm

Answer 23

There is not a negligence case without harm. Like an injury to a person, property or a situation where it goes against basic human rights

Question 24

Assume the risk-

Answer 24

Injured party knew or should have known the risk and voluntarily assumed it. The total bar to the plaintiff’s case. Be careful and look for a liability waiver or exculpatory clause in a contract.

Question 25

Example of assume the risk

Answer 25

Just like buying a baseball ticket tells you that you assume the risk of getting hit when you go to a game.

Question 26

Comparative Negligence

Answer 26

• Damages reduced by a percentage of injuries caused by plaintiffs own negligent behavior.

Question 27

Modified Negligence

Answer 27

• 50 percent bar rule

Question 28

Modified comparative fault

Answer 28

• 51 percent bar rule.

Question 29

Contributory negligence-

Answer 29

Few states use this but if the plaintiff is even 1 percent negligent, they are barred from recovering anything,

Question 30

Geczi v Lifetime Fitness

Answer 30

Gezi was not liable because she signed a waiver taking away those right to sue for anything when she signed up to go to the gym. Yes, AnytimeFitness should have posted a sign saying that the machine was out of order, but they didn’t have to. Geczi could possibly sue the treadmill company but it would have to be shown that there was a manufacturer error.

Question 31

Intentional Torts

Answer 31

Person intended to commit the act. Assault- Intent to place plaintiff in fear of immediate bodily harm of offensive contact

Question 32

Example of Intentional Torts

Answer 32

Ex) Pointing a gun at someone

Question 33

Battery

Answer 33

Intentional physical contact without consent. Need not cause injury

Question 34

Example of battery

Answer 34

Fuerschback v Southwest Airlines.

Question 35

False Imprisonment

Answer 35

Intentional holding, detaining or confinement that violates a person’s freedom. (Are Stores are allowable to question?

Question 36

Infliction of Emotional or Mental Distress

Answer 36

Conduct so outrageous, it creates severe mental or emotional distress.

Question 37

Example of Emotional or Mental Distress

Answer 37

A person calls their friend several times in the middle of the night to bother them.

Question 38

Invasion of Privacy

Answer 38

• Infringement a person’s right of solitude (eg. Wiretap) and freedom from unwarranted public exposure (tweeting about somebody’s drug use). Placing a person in false light (publishing a false story). Use of a person’s name or picture without permission

Question 39

Defamation

Answer 39

Intentional false communication that injures a persons or company’s reputation or good name.

Question 40

Slander

Answer 40

Spoken defamation

Question 41

Libel

Answer 41

written or television broadcast defamation.

Question 42

Consent, Self-Defense, Defense of others/Defense of property

Answer 42

Most states have stand your ground doctrines, there is no requirement to retreat, generally considered: Force for force, deadly force for deadly force

Question 43

Defense to Defamation

Answer 43

Truth

Question 44

Strict Liability

Answer 44

One who carries on an abnormally dangerous activity is subject to liability for harm from resulting from the activity, even if they exercise the utmost care to prevent harm.

Question 45

Example of strict liability

Answer 45

The owner of a tiger rehab center will be strictly liable for injuries caused to Frank when a tiger escaped and attacked him- no matter that the tiger cages were strong and worked properly.