Chapter 6: Tort Law

Question 1

Actionable

Answer 1

Capable of serving as the basis of a lawsuit

Question 2

Actual malice

Answer 2

A condition that exits when a person makes a statement with either knowledge of its falsity or reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.

Question 3

Assault

Answer 3

Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

Question 4

Assumption of risk

Answer 4

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

Question 5

Battery

Answer 5

the unprivileged, intentional touching of another.

Question 6

Business invitees

Answer 6

Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.

Question 7

Causation in fact

Answer 7

an act or omission without (“but for”) which an event would not have occurred.

Question 8

comparative negligence

Answer 8

A theory in tort law under which 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.

Question 9

compensatory damages

Answer 9

a money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

Question 10

contributory negligence

Answer 10

a theory in law under which a complaining party’s own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.

Question 11

conversion

Answer 11

the wrongful taking, using, or retaining possession of personal property that belongs to another.

Question 12

damages

Answer 12

a sum of money claimed or awarded in compensation for a loss or an injury.

Question 13

defamation

Answer 13

any published or publicly spoken false statement that causes injury to another’s good name, reputation, or character.

Question 14

disparagement of property

Answer 14

an economically injurious false statement made about another’s product or property. A general term for torts that are more specifically referred to as “slander of quality” or “slander of title”

Question 15

dram shop acts

Answer 15

a state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents cause by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Question 16

duty of care

Answer 16

the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the “reasonable person standard,” constitutes the tort of negligence.

Question 17

fraudulent misrepresentation (fraud)

Answer 17

any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would an does rely to his or her detriment.

Question 18

general damages

Answer 18

in a tort case, an amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering; not available to companies.

Question 19

Good Samaritan Statutes

Answer 19

a state statute that provides that persons who rescue or provide emergency services to others in peril - unless they do so recklessly, thus causing further harm - cannot be sued for negligence.

Question 20

intentional tort

Answer 20

a wrongful act knowingly committed

Question 21

libel

Answer 21

defamation in writing or in some other form (such as a digital recording) having the quality of permanence.

Question 22

licensee

Answer 22

one who receives a license to use, or enter onto, another’s property.

Question 23

malpractice

Answer 23

professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence - the failure to exercise due care - on the part of a professional, such as physician or an attorney, is commonly referred to as malpractice.

Question 24

negligence

Answer 24

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

Question 25

privilege

Answer 25

in tort law, the ability to act contrary to another person’s right without that person’s having legal redress for such acts. Privilege may be raised as a defense to defamation.

Question 26

proximate clause

Answer 26

legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

Question 27

public figures

Answer 27

an individual in the public limelight. Public figures include government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities.

Question 28

puffery

Answer 28

a salesperson’s exaggerated claims concerning the quality of goods offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

Question 29

punitive damages

Answer 29

money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.

Question 30

reasonable person standard

Answer 30

the standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measured and that must be observed to avoid liability for negligence.

Question 31

slander

Answer 31

defamation in oral form

Question 32

slander of quality

Answer 32

the publication of false information about another’s product, alleging that it is not what its seller claims; also called “trade libel.”

Question 33

slander of title

Answer 33

the publication of a statement that falsely denies or casts doubt on another’s legal ownership of property, causing financial loss to that property’s owner.

Question 34

special damages

Answer 34

in a tort case, an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future)

Question 35

superseding cause

Answer 35

an intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.

Question 36

torts

Answer 36

a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.

Question 37

tortfeasor

Answer 37

one who commits a tort.

Question 38

trade libel

Answer 38

the publication of false information about another’s product, alleging that it is not what its seller claims; also referred to as “slander of quality”

Question 39

transferred intent

Answer 39

a legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort.

Question 40

trespass to land

Answer 40

the entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.

Question 41

trespass to personal property

Answer 41

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