FIN 331: Chapter 6

Question 1

Tort

Answer 1

a civil wrong that is not a breach of contract

Question 2

How to punish the conduct of wrongdoer?

Answer 2

Punitive Damages

Question 3

4 Types of Wrongfulness

Answer 3

Intent
Recklessness
Negligence
Strict Liability

Question 4

Intent

Answer 4

desire to cause certain consequences resulting from one’s behavior

Question 5

Intent Example

Answer 5

D pulls the trigger of a loaded gun intending to kill P.

Question 6

Recklessness

Answer 6

a form of intent. A conscious indifference to a known and substantial risk of harm created by one’s behavior.

Question 7

Recklessness Example

Answer 7

D fires his gun in a crowded area because he likes the flash and sound of it. One of shots injures Pl. D was reckless

Question 8

Negligence

Answer 8

failure to use reasonable care, with harm to another party occurring as a result

Question 9

Negligence Example

Answer 9

D pulls a trigger thinking it is unloaded, gun goes off and wounds P, D was negligent

Question 10

Strict Liability

Answer 10

liability without fault, or liability irrespective of fault where plaintiff does not need to prove intent, recklessness, negligence, or any wrongfulness.

Question 11

Intentional Torts=

Answer 11

Wrongdoer intends the consequence of his act

Question 12

Intentional Torts to Person

Answer 12

Battery
Assault
False Imprisonment
Emotional Distress
Defamation
Invasion of Privacy

Question 13

Battery

Answer 13

the intentional and harmful or offensive touching of another without his consent

Question 14

Battery can be 2 things

Answer 14

Harmful

Offensive

Question 15

Harmful

Answer 15

causes bodily injury

Question 16

Offensive

Answer 16

non-harmful contact

Question 17

Intent of Battery

Answer 17

• Intent to cause harmful or offensive contact

- Intent to cause apprehension that such contact is imminent

Question 18

Transferred intent

Answer 18

defendant intends to hurt one person but injures another, still liable to the person injured.

Question 19

Assault

Answer 19

intentional attempt or offer to cause a harmful or offensive contact with another person, if that attempt or offer causes a reasonable apprehension of imminent battery in the other person’s mind

Question 20

Apprehension in Assault

Answer 20

• does not involve fear
• must be imminent or immediate
• must be at the time the threatened battery occurs

Question 21

Threats of future battery

Answer 21

does not create liability of assault

Question 22

Threatening words are

Answer 22

not assault unless accompanies by acts or circumstances indicating the defendant’s intent to carry out the threat

Question 23

Key to Assault

Answer 23

plaintiff’s apprehension of a harmful or offensive contact

Question 24

False Imprisonment

Answer 24

intentional confinement by physical barrier or threat of another person for an appreciable time (a few minutes enough) without his consent where the person feels un-free to leave

Question 25

Partial confinement where there is a path to exit is

Answer 25

not false imprisonment

Question 26

Liability for False Imprisonment with consent

Answer 26

No liability

Question 27

Emotional distress

Answer 27

Wrongdoer’s conduct must be outrageous(such as sexual or racial insults, horrible practical jokes etc.) before liability for emotional distress arises

Question 28

In order to be liable of Emotional distress,

Answer 28

Defendant must intentionally or recklessly inflict the distress in order to be liable

Question 29

Courts require what in Emotional Distress to limit Fraudulent claims?

Answer 29

Proof of physical injury

Question 30

Defamation

Answer 30

the unprivileged publication of false and defamatory statements concerning another

Question 31

The tort of defamation protects

Answer 31

the individual’s interest in his reputation

Question 32

Types of Defamation

Answer 32

Libel

Slander

Question 33

Libel

Answer 33

written or printed defamation or to other defamation having a physical form such as a defamatory picture, sign or statue

Question 34

Does plaintiff of Libel need proof of special damages?

Answer 34

No

Question 35

special damages

Answer 35

actual injury or harm

Question 36

Slander

Answer 36

False statements that the plaintiff:

1. has committed a crime involving moral turpitude or potential imprisonment
2. has a loathsome disease
3. is professionally incompetent or guilty of professional misconduct
4. is guilty of sexual misconduct

Question 37

Does plaintiff of Slander need proof of special damages?

Answer 37

Yes

Question 38

Defamatory statement

Answer 38

one that is likely to harm the reputation of another by injuring his community’s estimation of him or by deterring others from associating or dealing with him

Question 39

Liability for defamation requires

Answer 39

publication of the defamatory statement

Question 40

Who is liable of a defamatory, publisher or distributor?

Answer 40

publisher

Question 41

Are satire and humorous a defamation?

Answer 41

No

Question 42

Is opinion a defamation?

Answer 42

No

Question 43

How can defendant be liable regarding fictional account whose characters resemble real people

Answer 43

if a reasonable reader could identify the plaintiff

Question 44

Privileges in Defamation

Answer 44

Absolute

Conditional

Question 45

Absolute

Answer 45

shields the author of a defamatory statement regardless of her knowledge, motive, or intent

Question 46

Example of Absolute privilege

Answer 46

Legislative, judicial proceedings

Question 47

Conditional

Answer 47

gives the defendant a defense unless the privilege is abused