Chapter 6 & 7, Tort Law & Strict Liability

Question 1

Special Damages examples

Answer 1

lost wages
Benefits
medical expenses

Question 2

Difference between intentional torts and unintentional torts

Answer 2

intentional - result from intentional violation of person or property (fault + Intent)

Unintentional - Results from Negligence (fault without intent)

Question 3

Statute of limitations spans from

Answer 3

the point at which the injury was known about to the date of the lawsuit

Question 4

Statute of Repose is

Answer 4

The number of years from the date of first sale to the date of injury

Question 5

Assault is what kind of tort and what is the definition

Answer 5

Intentional (no consent)

Attempting to create a reasonable APPREHENSION of imminent harm

Question 6

Battery is what kind of tort

Answer 6

Intentional

The intent to create a harmful or offensive touching of another

Question 7

False imprisonment

Answer 7

the intentional confinement or restraint of another person’s activities without justification

Question 8

Intentional infliction of emotional distress has to cause a _____ _____ of distress in the victim

Answer 8

Physical manifestation

-Hair loss, vomiting

Question 9

Defamation requires 4 elements to be present

Answer 9

1. False statement
2. Made to 3rd party (published)
3. Injuries to reputation
4. Special damages (except in libel cases)

Question 10

Type of Damages for libel

Answer 10

General Damages - nonspecific harms

Question 11

Type of Damages for slander

Answer 11

Special Damages - must show actual economic or monetary losses resulting from slanderous statements

Question 12

for slander of public officials “Actual Malice” refers to

Answer 12

1. Knowingly making false statements

OR

2. Reckless Disregard for the truth

Question 13

4 types of Invasion of Privacy

Answer 13

1. Publication of private facts
2. Intrusion into private affairs
3. False light
4. Right of publicity

Question 14

False light is not recognized in Colorado, and an example is

Answer 14

Posting checks of unpaid customers at the front desk for other people to see

Question 15

Publication of private facts is

Answer 15

the public disclosure of facts that an ordinary person would find objectionable or embarrassing

Question 16

Right of publicity

Answer 16

using characteristics of a persons identity for commercial purposes without permission

Question 17

The right to keep persona private defines which element of invasion of privacy

Answer 17

Right to publicity

• news exemption
• face in the crowd
• name, voice, likeness, etc

Question 18

Sound-alike Cases

Answer 18

The deliberate imitation of a person in order to sell a product without consent

Question 19

Fraudulent Misrepresentation has 5 elements

Answer 19

1. Knowing misrepresentation of a material fact
2. Intent to induce reliance
3. Justifiable reliance
4. Damages
5. Causal connection between the misrepresentation and the injury suffered.

Question 20

3 elements needed for wrongful interference with a contractual relationship

Answer 20

1. a valid, enforceable contract between 2 parties
2. a 3rd party aware of that contract
3. this 3rd party must INTENTIONALLY INDUCE a party to the contract to breach the contract

Question 21

Terminable at will contracts need to prove

Answer 21

wrongful means

- violence, fraud, civil suit

Question 22

Defense of competitive privilage

Answer 22

Is “bonafide competitive behavior” is permissable

Question 23

Trespass to Land occurs when an unauthorized person does any of these 3

Answer 23

1. Enters onto, above, or below the surface of land that is owned by another
2. Causes anything to enter onto land owned by another
3. Remains on land owned by another or permits anything to remain on it

Question 24

Trespass to personal property is

Answer 24

The unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of his or her personal property.

Question 25

Difference between property and personal property

Answer 25

property - land, permanently attached to ground

personal property - posessions

Question 26

_____ is a civil variation of theft, and can be remedied by ____ or ____.

Answer 26

Conversion

Money Damages or Replevin (return of property)

Question 27

Slander of Quality and Slander of Title are examples of

Answer 27

Disparagement of property - (Competitive advertising)

Question 28

Slander of quality is

Answer 28

publication of false information about another’s product

Question 29

Slander of Title is

Answer 29

Publishing a cast of doubt about another legal ownership of property

Question 30

Negligence is defined as

Answer 30

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Question 31

Negligence requires the plaintiff to prove EACH of the following 4

Answer 31

1. Duty - to act reasonably (reasonable person standard)
2. Breach-acting unreasonably
3. Causation - Breach caused injury
4. Damages - injury suffered

Question 32

Proximate Causation exists when

Answer 32

The connection between an act and an injury is strong enough to justify imposing liability

Question 33

There is no proximate cause if the occurrence in question is

Answer 33

unforseeable

Question 34

The standard against which negligence is measured and that must be observed to avoid liability for negligence

Answer 34

reasonable person standard

Question 35

3 factors for determining if duty of care was breached

Answer 35

1. Nature of Act
2. Manner in which act was performed
3. Nature of injury

Question 36

When duty is prescribed by statute, a breach of that duty is called

Answer 36

Negligence per se

-speeding

Question 37

Res ipsa loquitur - (the facts speak for themselves) shifts burden of proof from ____ to ____

Answer 37

from plaintiff to defendant

-overpass sign kills after warning

Question 38

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger

Answer 38

Assumption of risk

Question 39

When a complaining party’s own negligence contributed to or caused his or her injuries, no compensation if you’re at all to blame.

Answer 39

Contributory negligence - plaintiff gets nothing if at fault

Question 40

when the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person’s proportionate negligence.

Answer 40

Comparative Negligence - (CO)

Question 41

If you are 50% or more you get nothing (Which type of negligence?)

Answer 41

Comparative -CO

Question 42

If you are less than 50% to blame, collect damages-% at fault (Which type of negligence?)

Answer 42

Comparative - CO

Question 43

Pure competitive negligence is when

Answer 43

there is no cutoff for damages received, 80% at fault receive 20% damages

Question 44

Strict liability for abnormally dangerous activities does not require ____ of ____

Answer 44

Breach of Duty

Question 45

The Restatement (Third) of Torts defines 3 types of product defects:

How is liability for each defect decided in court

Answer 45

Manufacturing-Expert Testimony

Design- risk utility analysis

Warning - Reasonableness Test

Question 46

4 Defenses for product liability: A, M, N, C

Answer 46

-Assumption of risk-
Known risk was voluntarily assumed despite being unreasonable

• Misuse - only when not foreseeable
• Negligence of plaintiff - no 50% cutoff in liability
• Commonly known dangers-