Chapter 8 tort law Flashcards

1
Q

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

A

tort

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

is motive required to prove liability in an intentional tort case

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

an intentional, unwanted, offensive bodily contact

A

battery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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

A

defamation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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

A

libel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

if the defamation is made orally

A

slander

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

statements so inherently harmful that general damages are presumed

A

slander per se

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

privilege

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

knowing that the statements were false or recklessly disregarding their falsity

A

actual malice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

public figure privilege

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

fair report privilege

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

intentional infliction of emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A

malicious prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

wrongful civil proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A

abuse of process

17
Q

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

A

trespass to personal property

18
Q

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

A

conversion

19
Q

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

A

nuissance

20
Q

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

A

dispargement

21
Q

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

A

intentional interference with contrast

22
Q

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

A

unfair competition

23
Q

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

A

misappropriation

24
Q

occurs when a party uses intentional deceit to facilitate personal gain

A

fraudulent misrepresentation

25
Q

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

A

compensatory

26
Q

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

A

nominal

27
Q

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

A

punitive

28
Q

the person who committed the tort

A

tortfeasor