Chapter Six

Question 1

Tort Law

Answer 1

Wrongs and compensation

designed to compensate (REMEDY) those who suffered a loss

Question 2

Damages

Answer 2

monetary compensation for such. harm or injury

special- compensate for quantifiable monetary loss
general- compensate for nonmonetary aspects of harm suffered
punitive- punch wrongdoer and deter others

Question 3

Legislative cap on damages

Answer 3

250k-750k

Question 4

classification or torts

Answer 4

intentional
unintentional

Question 5

Tortfeasor

Answer 5

committed the tort (wrongdoing)

Question 6

Types of Torts

Answer 6

Assault
Battery
False Imprisonment
Intentional infliction of emotional distress
Actionable
Defamation
Libel
Slander

Question 7

Assault

Answer 7

any intentional or unexcused threat - doesn’t require fiscal contact

Question 8

Battery

Answer 8

unexcused harmful physical contact

Question 9

False imprisonment

Answer 9

intentional confinement or restriction of personal activities without justification

Question 10

Intentional infliction or emotional distress

Answer 10

intentional acts amounting to extreme emotional distress

Question 11

Actionable

Answer 11

act is extreme and outrageous it exceeds the point of decency

Question 12

Defamation

Answer 12

wrongfully hitting a person’s good reputation

Question 13

Libel

Answer 13

written defamation

Question 14

Slander

Answer 14

Oral defamation

Question 15

Needed to prove Defamation

Answer 15

1. false statement made by the defendant
2. The statement was understood as being about the plaintiff
3. statement published to at least one other person
4. The plaintiff is a public figure

Question 16

Slander Per Se

Answer 16

no proof

ex. statement made about sexually transmitted diseases

Question 17

Defenses to tresspassing

Answer 17

licensee

Question 18

Negligence

Answer 18

failure to exercise the standard of care

to prove:
defendant owes a duty of care
breach of duty
recognizable injury incurred
cause - cause in fact or proximate cause

Question 19

Proximate cause

Answer 19

the connection between the act and injury strong enough to impose liability

Question 20

cause in fact

Answer 20

“but for” event would not have happened

Question 21

Defenses of negligence

Answer 21

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