Chapters 6 & 7: Torts

Question 0

What is “battery”?

Answer 0

Wrongful, intentional touching, harmful or offensive

Question 1

Name the 16 different civil torts.

Answer 1

1. Battery
2. Assault
3. False imprisonment
4. Intentional infliction of emotional distress
5. Defamation
6. Invasion of privacy
7. Wrongful interference with a contractual relationship
8. Wrongful interference with a business relationship
9. Trespass to land
10. Conversion of personal property
11. Disparagement of property
12. Negligence
13. Trademark & trade name infringement
14. Patent infringement
15. Copyright infringement
16. Trade secrets

Question 2

What is assault?

Answer 2

Wrongful action causes reasonable fear, impending battery,

Question 3

What is false imprisonment?

Answer 3

Restraining/holding someone, wrongful, against their will

Question 4

What is “intentional infliction of emotional distress”?

Answer 4

Outrageous or shocking behavior

Question 5

What is defamation?

Answer 5

Statement to others: fact (not opinion), false, negative. (Oral - slander; writing - libel)
1. Per se (negative on their face)
-serious crime, loathsome communicable disease (AIDS),
Unmarried woman.

Question 6

What defenses can be used for defamation?

Answer 6

1. Statements made during trial ( judge, witness, attorney)
2. Legislative session (debate)
3. Truth

Question 7

What is invasion of privacy?

Answer 7

Appropriation: using someone’s identity without their permission

Question 8

What is wrongful interference with a contractual agreement?

Answer 8

Occurs when

 1. Valid enforceable contract exists
 2. Third party knows contract exists
 3. Third party intentionally gets one of the parties to breach/break contract

Third party can be sued for intentionally causing the contract to be broken.

Question 9

What is wrongful interference with a business relationship?

Answer 9

A plaintiff must prove that the defendant used predatory methods to intentionally harm an established business relationship or prospective economic advantage. Predatory behavior - actions undertaken with the intention of driving competitors completely out of the market. Like, putting your employee in front of your competitor’s doorway to tell them you will beat his price. (125)

Question 10

What is trespass to land?

Answer 10

Right of the owner of land to exclusive possession. Occurs when someone enters on or below land owned by someone else without their permission, causes anything else to enter the land, or remains on the land. (126)

Question 11

What is conversion of personal property?

Answer 11

Whenever someone wrongfully possesses or uses personal property of another. Conversion can occur even when a person mistakenly believed he was entitled to the goods-buying stolen goods. Often when conversion occurs, a trespass also occurs because the taking of the original property from its owner was a trespass. (127)

Question 12

What is disparagement of property?

Answer 12

Occurs when economically injurious falsehoods (lies) are told about a product or property. Also known as slander of quality and slander of title. (128)

Question 13

What is “slander of quality”?

Answer 13

The publication of false information about another’s product, alleging that it is not what the seller claims. (128)

Question 14

What is “slander of title”?

Answer 14

Someone knowingly publishes an untrue statement about another’s ownership of certain property with the intent of discouraging a third person from dealing with the person slandered. (129)

Question 15

Explain the concept of negligence.

Answer 15

Negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care. Plaintiff must prove: duty, breach, causation, and damages. (136)

Question 16

Explain “Duty” as it pertains to proving negligence.

Answer 16

That the defendant owed a duty of care to the plaintiff. Duty is measured based upon what a reasonable person would have done.

Question 17

What duties do landowners have?

Answer 17

Landowners are expected to exercise reasonable care to protect individuals coming onto their property from harm. This can include trespassers in certain states. Example: Landowners who rent out their property are expected to exercise reasonable care to ensure tenants and their guests are not harmed in common areas such as laundry rooms and stairways. (137)

Question 18

What is breach as it pertains to negligence?

Answer 18

That the defendant breached (did not live up to) that duty. (136)

Question 19

What does “causation” mean as it pertains to negligence?

Answer 19

That the defendant’s breach caused the plaintiff’s injury. (136)
Court must determine whether there was:
1. Causation in fact - Did the injury occur because of the defendant’s act or would it have occurred anyway?
2. Proximate cause - Was the act the proximate, or legal cause of the injury? Foreseeable (139-140)

Question 20

What does “damages” mean as it pertains to negligence?

Answer 20

That the plaintiff suffered a legally recognizable injury. (136)

Question 21

Does a tort exist if there are no legally recognizable harm or injuries? (Negligence)

Answer 21

If no harm or injury results from a given negligent action, there is nothing to compensate-no tort exists. (141)

Question 22

What are the 3 main defenses to negligence?

Answer 22

1. Assumption of risk
2. Superseding cause
3. Contributory and comparative negligence (141)

Question 23

What is the “assumption of risk” defense to negligence?

Answer 23

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover. Must prove that the plaintiff knew the risks and voluntarily assumed those risks. (142)
The risk can be assumed by express agreement or implied (race car driver knows he can die in race). (143)

Question 24

What is the superseding cause defense to negligence?

Answer 24

When an unforeseeable event breaks the causal connection between a wrongful act and an injury to another. (144) see bike rider / plane crash example in book

Question 25

What is the contributory & comparative negligence defense?

Answer 25

A plaintiff who is also negligent ( someone who fails to exercise a reasonable amount of care) cannot recover anything from the defendant. Thus, contributory negligence is when plaintiff’s negligence contributes to why the injury occurred.

Comparative negligence occurs when both parties are negligent and the courts and the courts allocate a share of liability to each party and award damages accordingly. This is the most likely scenario that will occur. (145)

Question 26

What is a trademark?

Answer 26

A trademark is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market. A trademark is a source indicator. (151)

Question 27

What did the Lantham Act of 1946 do?

Answer 27

Statutory protection of trademarks and related property. (153)