Chapter 8: Torts

Question 1

tort

Answer 1

a breach of a duty owed to another that causes harm

Question 2

action involved in tort

Answer 2

1. a person is harmed by the actions of a business or its employees
2. a person is harmed by a product manufactured or distributed by the business
3. a business is harmed by the wrongful act of another business or person

Question 3

negligence-based torts

Answer 3

1. wrongdoer owed a duty to the injured party. The legal standard created is often called due care or ordinary care
2. the duty of care owed to the injured party wa breached thru some act or omission on the part of the wrongdoer
3. There is a causal connection b/t the wrongdoer’s negligent conduct and the resulting harm to the injured party
4. injured party suffered actual harm or damage recognized as actionable by law as a result of the negligent conduct

Question 4

reasonable person

Answer 4

hypothetical person who acts in a reasonable manner under circumstances

Question 5

causation

Answer 5

the act must have been the cause in fact and the proximate cause of the other’s injury

Question 6

res ipsa loquitur - the thing speaks for itself

Answer 6

the showing is strong enough to prevent dismissal of the claim w/o further examination.

Question 7

cause in fact

Answer 7

evidence showing that a defendant’s action or inaction is the actual cause of an injury that would not have occurred but for the defendant’s behavior

Question 8

sine qua non rule

Answer 8

the injury would not have occurred but for the conduct of the party accused of committing tort

Question 9

proximate cause

Answer 9

consequence that are too remote or too far removed from negligent conduct will not result in liability

Question 10

substantial factor test

Answer 10

a legal cause of injury is a cause which is a substantial factor in bringing about the injury

Question 11

superseding cause

Answer 11

even if negligence occurred, if the causal connection to the resulting harm is broken by an intervening act or event

Question 12

danger-invites-rescue doctrine

Answer 12

the common law holds the negligent party responsible for the loses suffered by those who attempts to save people who are in danger as the result of the torts of others

Question 13

Assumption of risk

Answer 13

an injured party who voluntarily assumed the risk of harm arising from the negligent or reckless of conduct of another may not be allowed to recover compensation from such harm

Question 14

exculpatory clause

Answer 14

.

Question 15

comparative negligence

Answer 15

damages are reduced by the % of the injuries caused by the plaintiff’s own negligence

Question 16

Intentional torts against persons

Answer 16

1. state of mind of defendant
2. defendant knew or should have known the possible consequence of his act
3. knowing that certain results are likely to occur

Question 17

assault

Answer 17

intentional conduct directed at a person that places the person in fear of immediate bodily harm or offensive contact

Question 18

battery

Answer 18

unlawful touching, which is intentional physical contact w/o consent

Question 19

defense

Answer 19

CONSENT: injured party gave permission to the alleged wrongdoer to interfere w a personal right
PRIVILEGE: excuse what would have been a tort if the defendant had acted to further an interest of social importance that deserves protection
SELF-DEFENSE:

Question 20

stand your ground

Answer 20

person is not required to retreat

Question 21

false imprisonment

Answer 21

intentional holding, detaining, or confining a person in violation that violates the protected interest in freedom from restraint of movement

Question 22

infliction of emotional distress

Answer 22

conduct that is so outrageous that it creates severe mental or emotional distress in another person

Question 23

invasion of privacy

Answer 23

a person’s right to solitude and to be free from unwarranted public exposure

1. use of person’s name or picture w/o permission
2. intrusion into a person’s solitude
3. the placing of a person in a false light
4. the public exposure of facts that are private in nature

Question 24

defamation

Answer 24

• intentional false communication that injures a person’s reputation or good name
• slander is the tort if defamatory is spoken
• libel if it’s printing, writing, picture, broadcast
• elements (1) making a false or defamatory statement abt another person, (2) publishing or communicating the statement to a third person, (3) causing harm to the person abt whom the statement was made

Question 25

defamation per se

Answer 25

statements that are presumed by law to be harmful to the person to whom they were directed and therefore require no proof of harm or injury

Question 26

absolute privilege

Answer 26

an immunity applied in those situations where public policy favors complete freedom of speech

Question 27

conditional privilege

Answer 27

eliminates liability when the false statement was published in good faith and w proper motives, such as for business purpose

Question 28

Constitutional privilege

Answer 28

protects members of press who publish opinion material abt public officials, figures, or person of legitimate public interest
- disregarded if statement was made with ACTUAL MALICE ~ made with reckless disregard for the truth