Chapter 8 tort law

Question 1

a wrong or injury to another, other than a breach of contract (civil wrong that gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for injuries

Answer 1

tort

Question 2

is motive required to prove liability in an intentional tort case

Answer 2

no

Question 3

when one person places another in fear or apprehension of an immediate, offensive bodily contact

Answer 3

assault

Question 4

an intentional, unwanted, offensive bodily contact

Answer 4

battery

Question 5

the intentional publication (or communication to a third party) of a false statement harmful to an individuals reputation

Answer 5

defamation

Question 6

if the defamation is published in a permanent form, such as in a magazine or newspaper

Answer 6

libel

Question 7

if the defamation is made orally

Answer 7

slander

Question 8

statements so inherently harmful that general damages are presumed

Answer 8

slander per se

Question 9

is an affirmative defense in a defamation action, occurs when the defendant admits to the accusation but argues there is a reason he should not be held liable

Answer 9

privilege

Question 10

knowing that the statements were false or recklessly disregarding their falsity

Answer 10

actual malice

Question 11

another conditional privilege, want to encourage free discussion about public figures, so we do not hold people liable for making false statements about them as long as the statements were not made with malice

Answer 11

public figure privilege

Question 12

third conditional privilege, protects the media if defamatory material is published in an article based on an official report

Answer 12

fair report privilege

Question 13

occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to another party

Answer 13

intentional infliction of emotional distress

Question 14

A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two

Answer 14

malicious prosecution

Question 15

A tort in which one person wrongfully subjects another to criminal or civil litigation that has no justifiable basis

Answer 15

wrongful civil proceedings

Question 16

applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than it intends

Answer 16

abuse of process

Question 17

a person commits this by temporarily exerting control over another’s personal property or interfering with the owner’s right to use it

Answer 17

trespass to personal property

Question 18

occurs when a person permanently removes personal property from the owner’s possession and control

Answer 18

conversion

Question 19

A person’s use of her property in a manner that unreasonably interferes with another’s use and enjoyment of his land

Answer 19

nuissance

Question 20

A business tort that occurs when a statement is intentionally used to defame a business product or service

Answer 20

dispargement

Question 21

Inducing a party to a contract to breach it. The plaintiff must prove interference with a valid and enforceable contract that existed between the two parties; the defendant knew of the existence of the contract and its terms; the defendant intentionally undertook steps to cause one of the parties to breach the contract; and the plaintiff was injured as a result of the breach

Answer 21

intentional interference with contrast

Question 22

Entering an industry with the sole intent of driving another firm out of business

Answer 22

unfair competition

Question 23

Using another person’s name, likeness, voice, or other identifying characteristic for commercial gain without that person’s permission

Answer 23

misappropriation

Question 24

occurs when a party uses intentional deceit to facilitate personal gain

Answer 24

fraudulent misrepresentation

Question 25

designed to compensate the victim for all the harm caused by the person who committed the tort, amount - designed to compensate the victim for all the harm caused by the person who committed the tort

Answer 25

compensatory

Question 26

a small amount of money given to recognize that a defendant did indeed commit a tort in a case where the plaintiff suffered no compensable damages - amount - A trivial amount, typically $1 to $5

Answer 26

nominal

Question 27

To punish the defendant and deter future wrongdoers - amount - An amount based on two factors: the severity of the wrongful conduct and the wealth of the defendant

Answer 27

punitive

Question 28

the person who committed the tort

Answer 28

tortfeasor