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Business Law Second Exam > Chapter 6: Tort Law > Flashcards

Chapter 6: Tort Law Flashcards

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1
Q

What are the two notions that serve as the basis of all torts?

A

Wrongs and compensation

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2
Q

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

A

tort

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3
Q

In a tort action, one person or group brings a lawsuit against another person or group to obtain ___________ (monetary damages) or other relief for the farm suffered.

A

compensation

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4
Q

What is the purpose of tort law?

A

Provide remedies for the violation of various protected interests. (physical safety, property)

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5
Q

Who seeks various remedies, or damages, in tort actions?

A

Plaintiffs

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6
Q

What refers to harm or injury to persons or property? What refers to monetary compensation for such harm or injury?

A

Damage; damages

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7
Q

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

A

compensatory damages

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8
Q

What are the two types of compensatory damages?

A

Special damages and general damages

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9
Q

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); may also be awarded to compensate for extra costs, the loss of irreplaceable items, and the costs of repairing or replacing damaged property

A

special damages

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10
Q

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

A

general damages

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11
Q

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

A

punitive damages

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12
Q

Punitive damages are available in _______ tort actions and only rarely in negligence lawsuits. They may be awarded, however, in suits involving _______ negligence.

A

intentional; gross

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13
Q

an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another.

A

gross negligence

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14
Q

Punitive damages are subject to limitations under the ______ ________ clause of the United States Constitution.

A

due process

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15
Q

T or F: State laws may limit the amount of damages– both punitive and general– that can be awarded to the plaintiff.

A

True

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16
Q

More than _____ state have limited punitive damages, with some imposing outright bans.

A

30

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17
Q

What are the two broad classifications of torts?

A

Intentional and unintentional torts (torts involving negligence)

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18
Q

The classification of a tort depends largely on what two things?

A
  1. How it occurs (intentionally or negligently)
  2. The surrounding circumstances
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19
Q

reasons why the plaintiff should not obtain damages

A

defenses

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20
Q

A common defense to intentional torts against persons is ______.

A

consent

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21
Q

The most widely used defense in negligence actions is __________ ___________.

A

comparative negligence

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22
Q

establishes the time limit (often two years from the date of discovering the harm) within which a particular type of lawsuit can be filed. After that time period has run, the plaintiff can no longer file a claim.

A

statute of limitations

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23
Q

a wrongful act knowingly committed

A

intentional tort

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24
Q

one who commits a tort

A

tortfeasor

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25
Q

T or F: An evil or harmful motive is required for it to be a tortious act.

A

False

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26
Q

In tort law, _______ means only that person intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act.

A

intent

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27
Q

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.

A

transferred intent

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28
Q

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

A

assault

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29
Q

the unprivileged, intentional touching of another

A

battery

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30
Q

T or F: Battery can be harmful, or it can be merely offensive (such as an unwelcome kiss); a.k.a physical injury need not occur

A

True

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31
Q

Whether the contact of battery is offensive is determined by the _______.

A

reasonable person standard

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32
Q

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

A

false imprisonment

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33
Q

T or F: Moral pressure does not constitute false imprisonment.

A

True

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34
Q

an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

A

the tort of intentional infliction of emotional distress

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35
Q

capable of serving as the basis of a lawsuit

A

actionable

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36
Q

T or F: The freedom of speech guaranteed by the First Amendment is not absolute.

A

True

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37
Q

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

A

defamation

38
Q

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

A

libel

39
Q

defamation in oral form

A

slander

40
Q

T or F: The tort of defamation also arises when a false statement of fact is made about a person’s product, business, or legal ownership rights to property

A

true

41
Q

Establishing defamation involves proving what four elements?

A
  1. The defendant made a false statement of fact.
  2. The statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation.
  3. The statement was published to at least one person other than the plaintiff
  4. If the plaintiff is a public figure, she or he must also prove actual malice.
42
Q

T or F: Defamatory statements made via the Internet are actionable as well.

A

True

43
Q

T or F: In a case alleging slander, the plaintiff must prove special damages to establish the defendant’s liability. The plaintiff must show that the slanderous statement caused her or him to suffer actual economic or monetary losses.

A

True

44
Q

If a false statement constitutes “slander ____ ____” , it is actionable with no proof of special damages required.

A

per se

45
Q

Why are statements of opinion usually not actionable?

A

Because they are protected under the First Amendment

46
Q

What 4 types of declarations are considered to be slander pe se?

A
  1. A statement that another has a “loathsome” disease (like a sexually transmitted disease).
  2. A statement that another has committed improperties while engaging in a profession or trade.
  3. A statement that another has committed or has been imprisoned for a serious crime.
  4. A statement that a person is unchaste or has engaged in serious sexual misconduct. (Usually only applies to unmarried persons and sometimes only to women)
47
Q

What is normally an absolute defense against a defamation charge?

A

Truth (in other words, if a defendant in a defamation case can prove that the allegedly defamatory statements of fact were true, normally no tort has been committed)

48
Q

True statements are actionable/not actionable.

A

not actionable

49
Q

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

A

privilege

50
Q

Privileged communications are of two types:

A

absolute and qualified.

51
Q

False and defamatory statements about public figures that are published in the media will not constitute defamation unless the statements are made with ______ ______.

A

actual malice

52
Q

What four acts qualify as invasion of privacy under the common law?

A
  1. Intrusion into an individual’s affairs or seclusion.
  2. False light
  3. Public disclosure of private facts
  4. Appropriation of identity
53
Q

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 and does rely to his or her detriment

A

fraudulent misrepresentation (fraud)

54
Q

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

A

puffery

55
Q

What is the key difference between the torts of abuse of process and malicious prosecution?

A

the level of proof; abuse of process is not limited to prior litigation and does not require the plaintiff to prove malice.

56
Q

Business torts involving wrongful interference generally fall into two categories:

A

Interference with a contractual relationship and interference with a business relationship

57
Q

What are the three elements necessary for wrongful interference with a contractual relationship to occur?

A
  1. A valid, enforceable contract must exist between two parties
  2. A third party must know the contract exists
  3. This third party must intentionally induce a party to the contract to breach the contract.
58
Q

What is the difference between real property and personal property?

A
  • Real property: land and things permanently attached to the land (like a house)
  • Personal property: all other items, including cash and securities (such as stocks and bonds)
59
Q

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

A

trespass to land

60
Q

What are the two defenses against trespass to land?

A
  1. The trespass was warranted (such as when a trespasser enters a building to assist someone in danger)
  2. If the trespasser can show they had a license to come onto the land.
61
Q

T or F: If Joe, the property owner asks Mary, a meter reader to leave his property and she refuses to do so even though she has a license, she will become a trespasser at this point.

A

True

62
Q

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.

A

trespass to personal property

63
Q

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

A

conversion

64
Q

T or F: Good intentions are a defense against conversion.

A

False

65
Q

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.

A

disparagement of property

66
Q

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

A

slander of quality

67
Q

To establish slander of quality (trade libel), the plaintiff must prove that the improper publication caused a _____ _______ to refrain from dealing with the plaintiff and that the plaintiff sustained _______ _______ (such as lost profits) as a result.

A

third person; economic damages

68
Q

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

A

slander of title

69
Q

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

A

negligence

70
Q

If no ______ is created, there is no negligence.

A

risk

71
Q

T or F: In terms of negligence, the risk must be foreseeable (a reasonable person engaging in the same activity would anticipate the risk and guard against it)

A

True

72
Q

What four things must a plaintiff prove to succeed in a negligence action?

A
  1. Duty
  2. Breach
  3. Causation
  4. Damages
73
Q

the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others.

A

duty of care

74
Q

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.

A

reasonable person standard

75
Q

professional misconduct or the failure to exercise the requisite degree of skill as a professional

A

malpractice

76
Q

In deciding whether the requirement of causation is met, what two questions must the court address?

A
  1. Is there causation in fact?
  2. Was the act the proximate, or legal, cause of the injury?
77
Q

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

A

proximate cause

78
Q

What type of damages are the norm in negligence cases?

A

Compensatory

79
Q

a state statute that provides 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

A

Good Samaritan statutes

80
Q

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 caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

A

dram shop acts

81
Q

What are the three basic affirmative defenses in negligence cases?

A
  1. assumption of risk
  2. superseding cause
  3. contributory and comparative negligence
82
Q

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

A

assumption of risk

83
Q

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

A

superseding cause

84
Q

a theory in tort law under which a complaining party’s own negligence contributed to or caused his or her injuries.

A

contributory negligence

85
Q

Which is more common: contributory or comparative negligence?

A

comparative

86
Q

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

A

comparative negligence

87
Q

T or F: Any time one party’s allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

A

True

88
Q

T or F: A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

A

False

89
Q

T or F: Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

A

True

90
Q

T or F: Proximate cause exists if “but for” a wrongful act, an injury would not have occurred.

A

False

91
Q

T or F: Foreseeability is the test for proximate cause.

A

True

92
Q

T or F: A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

A

False

Business Law Second Exam (2 decks)

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