Final ch 7,8,22

Question 0

Types of torts

Answer 0

(1) intentionally (2) negligently (3) without fault (strict liability)

Question 1

Tort is committed when

Answer 1

(1) A duty is owed (2) is breached (3) proximately causing (4) injury or damage to the owner of a legally protected interest

Question 2

Purpose of tort law

Answer 2

Unlike criminal law, it is to compensate the injured party, not to punish the wrongdoer

Question 3

Punitive damages

Answer 3

Courts can give if damages over and above the amount necessary to compensate the plaintiff. Punished to make an example and deter similar conduct

Question 4

Restatement third, torts: liability for physical and emotional harm

Answer 4

Addresses the general or basic elements of the tort action for liability for accidental personal injury, property damage, and emotional harm. But doesn’t cover economic loss.

Question 5

Assault

Answer 5

Mental intrusion

Question 6

Defamation

Answer 6

False communication that injures a persons reputation by disgracing him and diminishing respect

Question 7

Libel

Answer 7

Radio, tv, written etc.

Question 8

Slander

Answer 8

Spoken

Question 9

Burden of proof in criminal case

Answer 9

Beyond reasonable doubt

Question 10

Burden of proof in civil case

Answer 10

Prove preponderance of evidence

Question 11

Shopkeeper statute

Answer 11

Law immunity if (1) reasonable basis for suspicion (2) reasonable detention

Question 12

Malice

Answer 12

Knowingly false, reckless disregard for truth

Question 13

Elements of liability for negligence

Answer 13

A duty owed
Breached
Cause
Damages

Question 14

Respondent superior

Answer 14

Employer is also liable for torts of an employee committed within scope of employment

Question 15

Absolute privilege

Answer 15

Protects defendant regardless of motive or intent (gov. Employees)

Question 16

Conditional privilege

Answer 16

Person has conditional privilege to publish defamatory matter to protect her own legitimate interests or another’s

Question 17

Constitutional privilege

Answer 17

Protects defamatory about public officials or public figures if done without malice

Question 18

Appropriation

Answer 18

Unauthorized use of another persons name or likeness for ones own benefit. Ex: using another persons photograph to promote own business

Question 19

Intrusion

Answer 19

Unreasonable and highly offensive interference with solitude or seclusion of another

Question 20

Harm to real property

Answer 20

(1) Trespass (2) nuisance

Question 21

Harm to personal property

Answer 21

(1) unauthorized interference with another’s right (2) conversion

Question 22

Disparagement

Answer 22

Publication of false statements about another’s property or products

Question 23

Interference with contractual relations

Answer 23

Intentionally causing one of the parties to a contract not to perform

Question 24

Fraudulent misrepresentation

Answer 24

A false statement made with knowledge of falsity, intended to induce another to act

Question 25

Factual cause

Answer 25

The defendants conduct is a factual cause of the harm when the harm would not have occurred absent the conduct

Question 25

Contributory negligence

Answer 25

Plaintiff gets zero

Question 26

Comparative negligence

Answer 26

Gets $99,000 based on 99% defendants fault

Question 27

Res 1 psa loquiter

Answer 27

The thing speaks for itself, shifts burden of proof to def

Question 28

Strict liability

Answer 28

Explosion, waste, wild animals

Question 29

Express warranty

Answer 29

Affirmation go FACT with regard to prouduct

Question 30

Special liability

Answer 30

If harm ultimate consumer, Manu is responsible if: 1) seller is engaged in business in selling such product and 2. It is expected to and does reach the user w/o substantial change in condition

Question 31

Implied warranty of merchantability

Answer 31

The disclaimer must mention “merchantability” and, in the case of writing must be conspicuous

Question 32

Fitness for particular purpose

Answer 32

Applies to ANY seller. Seller had reason to know buyers particular purpose and to know the buyer was relying on the sellers skill and judgment

Question 33

Disclaimer

Answer 33

(Negation of warranty) must be positive, explicit, unequivocal, and conspicuous

Question 34

Horizontal privity

Answer 34

Noncontracting parties injured by the defective goods

Question 35

Vertical privity

Answer 35

Sellers within chain of distribution (wholesalers etc. )