LGS Chapter 6 Flashcards
define the term- a civil wrong not arising from a breach of contract; a breach of legal duty that proximately causes harm or injury to another
Tort
What 2 notions serve as the basis of all torts?
Wrongs and Compensation
Tort law that is designed to compensate those who have suffered a lessor injury due to another person’s wrong act is under which notion? Wrongs or Compensation
Wrongs
In a tort action, one person or group brings a lawsuit against another person or group to obtain compensation (monetary damages) or other relief of harm suffered and is under which notion? Wrongs or Compensation?
Compensation
What is the purpose of tort law?
to provide remedies for the violation of various protected interests
When society recognizes an interest in protecting property, and *** law provides remedies for acts that cause destruction of or damage to property. This scenario is an example of what?
Tort Law
Define the term- a monetary award sought as a remedy for a breach of contract or a tortious act
Damages
Define the term- term that refers to harm or injury to persons or property
Damage
Define the term- a money award equivalent to the actual value of injuries or damage sustained by the aggrieved party
Compensatory Damages
Special damages and General damages can be classified as punitive or compensatory?
Compensatory Damages
Define the term- an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits ( now and in the future)
Special damages or general?
Special Damages
Define the term- an amount awarded to compensate individuals for non monetary aspects of the harm suffered, such as pain and suffering; not available to companies
Special damages or general?
General Damgaes
Define the term- money damages that may be awarded to a plaintiff to punish the defendant and deter future conducts
general, compensatory, punitive or special damages
Punitive Damages
Define the term- an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another
Gross Negligence
T/F- Punitive damages can only be used in intentional tort actions?
False, punitive damages are available in intentional tort actions and only rarely in negligence lawsuits
T/F- Punitive damages are subject to limitations under the U.S. Constitution’s due process clause
True
What is it called when state laws may limit the amount of damages- both punitive and general- that can be awarded to the plaintiff
Legislative Caps on Damages
What are the 2 classifications of torts?
Intentional and Unintentional
What is the most widely used defense in negligence actions?
Comparative Negligence
Define the term- who is the person or persons called who intend to commit an act, the consequences of which interfere with another’s personal or business interest in a way not permitted by law
Tortfeasor, one who commits the tort
In tort law, *** means only that the person intended the consequences of his or her act or knew with substantial certainty that specific consequences would result from the act
Intent
a legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort is known as?
Transferred Intent
any word or action intended to make another fearful or immediate physical harm; a reasonably believable threat is defined as?
Assault
T/F-An assault can occur even if there is no actual contact with the plaintiff, provided that the defendant’s conduct creates a reasonable apprehension of imminent harm in the plaintiff
True
the unprivileged, intentional touching of another
Battery
T/F-Physical injury has to occur for it to be called battery
False
Ivan threatens Jean with a gun then shoots her
The point of the gun at Jean is classified as?
The firing of the gun (if bullet hits Jean) is what?
Assault, Battery
The intentional confinement or restraint of another person’s activities without justification
False Imprisonment
T/F-The confinement of false imprisonment can be accomplished through: - the use of physical barriers
the use of physical restraint
threats or physical force
True
Person playing blackjack in a casino
• Casino believes the person to be cheating, so they remove the person from the floor and take him into another area of the building – a back hallway.
• The employees accused the person of counting cards (which is not illegal in Maryland) and demanded his identification. They detained the person until provided with an ID so that the casino could ban him from the premises.
• Person provides ID and is eventually released.
• A federal district court found the casino was liable for a ** claim because the casino personnel had no legal justification for detaining him.
False Imprisonment
To be actionable, the act must be extreme and outrageous to the point that it exceeds the bounds of decency accepted by society. What act occurs here?
Example-Repeated annoyances (such as those experienced by a person who is being stalked), coupled with threats
Intentional Infliction of Emotional Distress
Repeated annoyances (such as those experienced by a person who is being stalked) coupled with threats. Is an example of what?
Intentional Infliction of Emotional Distress
A father attacks a man who has had consensual sexual relations with the father’s nineteen-year-old daughter.
The father handcuffs the man to a steel pole and threatens to kill him unless he leaves town immediately.
The father’s conduct may be sufficiently extreme and outrageous to be actionable as an intentional infliction of emotional distress.
What is this case an example of?
Intentional Infliction of Emotional Distress
any published or publicly spoken false statement that causes injury to another’s good name, reputation, or character
Defamation
defamation in writing or in some other form (such as a digital recording) having the quality of permanence is known as?
Libel
defamation in oral from ( think “spoken” word) is known as?
Slander
T/F- A successful defense releases the defendant from partial or full liability for the tortious act.
True
What is a common defense to intentional torts against persons?
Consent
T/F- When a person consents to the act that damages her or him, there is generally liability
False, there is no liabilty
An evil or harmful motive is required for torts?
False
Hustler magazine once printed a false advertisement that showed a picture of the late Reverend Jerry Falwell and described him as having lost his virginity to his mother in an outhouse while he was drunk. Falwell sued the magazine for intentional infliction of emotional distress and won, but the United States Supreme Court overturned the decision. The Court held that parodies of public figures are protected under the First Amendment from intentional infliction of emotional distress claims. (The Court uses the same standards that apply to public figures in defamation lawsuits, discussed next.)
An action limited by the First Amendment that limits claims that could cause emotional distress
Making a negative statement about another person is not defamation unless the statement is false and represents something as a fact rather than a personal opinion. What requirement is this?
Statement of Fact Requirement
Publication here means that the defamatory statements are communicated (either intentionally or accidentally) to persons other than the defamed party. What requirement is this?
Publication Requirement
A person receives a service from a business and then provides an online review
The person is negative about the service and intentionally globs on inaccurate details about the service
The person names a specific employee of a business
-employee is not a public figure
The persons “publishes” the review on the internet by pressing submit
Is an example of?
Defamation
T/F- In a case alleging slander, the plaintiff must prove special damages to establish the defendant’s liability—that is, the plaintiff must show that the slanderous statement caused her or him to suffer actual economic or monetary losses.
True
1)A statement that another has a “loathsome” disease (such as a sexually transmitted disease)
2)A statement that another has committed improprieties while engaging in a profession or trade
3)A statement that another has committed or has been imprisoned for a serious crime
4)A statement that a person is unchaste or has engaged in serious sexual misconduct
All of these are examples of?
Slander per se
T/F- If a false statement constitutes slander per se it is actionable with no proof of special damages required.
True
Jorge has worked at Google for five years and is being considered for a management position. His supervisor, Lydia, writes a memo about Jorge’s performance to those evaluating him for the position. The memo contains certain negative statements, which Lydia honestly believes are true. If Lydia limits the disclosure of the memo to company representatives, then???
her statements will likely be protected by a qualified privilege
the ability to act contrary to another person’s right without that person’s having legal redress for such acts
Privilege
2 types of privileged communications
1-Absolute
2-Qualified
Only in judicial proceedings and certain government proceedings is an *** privilege granted
Example: Statements made by attorneys and judges during a trial
absolute
Generally, if the statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of ** privilege.
Example: An employer’s statements in written evaluations of employees
qualified
T/F- Statements made about public figures are usually related to matter of general public interest and will not constitute defamation unless they are made with “actual malice”
True
a condition that exists when a person makes a statement with either knowledge of its falsity or reckless disregard for the truth
Actual Malice
The following are all examples of what?
Intrusion into an individual’s affairs or seclusion
Example: invading someone’s home, searching someone’s laptop without authorization, eavesdropping by wiretap
False Light
Example: Writing a story that attributes to a person ideas and opinions not held by that person
Public Disclosure of private facts
Example: a newspaper account of a private citizen’s sex life
Appropriation of identity
Example: Using a person’s name or picture for commercial purposes without permission
Most states have codified this tort in statutes that establish the distinct tort of appropriation, or right of publicity
Invasion of Privacy Under Common Law
Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
Fraudulent Misrepresentation
The tort of fraudulent misrepresentation includes what 5 elements:
A misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth
An intent to induce another part to rely on the misrepresentation
A justifiable reliance on the misrepresentation by the deceived party
Damages suffered as a result of that reliance
A casual connection between the misrepresentation and the injury suffered
A salesperson’s exaggerated claims concerning the quality of goods offered for sale.
Such claims involve opinions rather than facts and are not considered to be legally binding promises or rewards
This is known as?
Puffery
What is the difference between statement of fact vs. opinion
Normally, the tort of fraudulent misrepresentation occurs only when there is reliance on a statement of fact; however, reliance on a statement of opinion may involve the tort of fraudulent misrepresentation if the individual making the statement of opinion has superior knowledge of the subject matter.
When making a ** misrepresentation statement it only requires that the person making the statement or omission did not have a reasonable basis for believing its truthfulness
Negligent Misrepresentation
T/F- abuse of process is not limited to prior litigation and does not require the plaintiff to prove malice. It can be based on the wrongful use of subpoenas, court orders to attach or seize real property, or other types of formal legal process.
True
If a party initiates a lawsuit out of malice and without a legitimate legal reason, and ends up losing the suit, that party can be sued for?
Malicious Prosectution
This process can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed
Abuse of Process
Define the term-Publishing or otherwise making known or using information relating to a person’s private life and affairs, with which the public has no legitimate concern, without that person’s permission or approval.
Invasion of Privacy
The filing of a lawsuit without legitimate grounds and with malice. Alternatively, the use of a legal process in an improper manner.
Abusive or Frivolous Prosecution
What 2 categories do Business torts fall into?
1- Wrong interferences with a contractual relationship
2- Wrong interference with a business relationship
The following examples fall into which category of business torts-
A valid, enforceable contract must exist between 2 parties
A third party must know that this contract exists
This third party must intentionally induce a party to the contract to breach the contract
Wrongful Interference with a Contractual Relationship
The following examples fall into which category of business torts-
Businesspersons are prohibited from unreasonably interfering with another’s business in their attempts to gain a greater share of the market
There is a difference between competitive practices and predatory behavior- actions undertaken with the intention of unlawfully driving competitors completely out of the market
Wrongful Interference with a Business Relationship
a permissible interference even if it results in the breaking of a contract
Bona fide competitive behavior
T/F- A person will not be liable for the tort of wrongful interference with a contractual or business relationship if it can be shown that the interference was justified or permissible
True
Defined as wrongful actions that interfere with individuals’ legally recognized rights with regard to their property
Intentional Torts against Property
what type of property is land and things permanently attached to the land, such as a house
Real property
what type of property consists of all other items, including cash and securities
Personal property
What occurs when the following things happen?
Enters onto, above, or below surface of land that is owned by another
Causes anything to enter onto land owned by another
Remainson land owner by another or permits anything to remain on it
All occur without the owner’s permission or legal authorization
Trespassing
What are some defenses to trespassing?
- claim to show that the trespass was warranted
-trespasser to show that he or she has a license to come onto the land
The wrongful taking, using, or retaining possession of personal property that belongs to another
Conversion
What category of business torts does this example fall into?
A landmark case in this area involved an opera singer, Joanna Wagner, who was under contract to sing for a man named Lumley for a specified period of years. A man named Gye, who knew of this contract, nonetheless “enticed” Wagner to refuse to carry out the agreement, and Wagner began to sing for Gye. Gye’s action constituted a tort because it interfered with the contractual relationship between Wagner and Lumley. (Wagner’s refusal to carry out the agreement also entitled Lumley to sue Wagner for breach of contract.)
Wrongful Interference with a Contractual Relationship
What category of business torts does this example fall into?
A shopping mall contains two athletic shoe stores: Joe’s and Ultimate Sport. Joe’s cannot station an employee at the entrance of Ultimate Sport to divert customers to Joe’s by telling them that Joe’s will beat Ultimate Sport’s prices. This type of activity constitutes the tort of wrongful interference with a business relationship, which is commonly considered to be an unfair trade practice. If this activity were permitted, Joe’s would reap the benefits of Ultimate Sport’s advertising
Wrongful Interference with a Business Relationship
What category of business torts does this example fall into?
Taylor Meats advertises so effectively that it induces Sam’s Restaurant to break its contract with Burke’s Meat Company. In that situation, Burke’s Meat Company will be unable to recover against Taylor Meats on a wrongful interference theory. The public policy that favors free competition through advertising outweighs any possible instability that such competitive activity might cause in contractual relations.
Defenses to Wrongful Interference
The unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of his or her personal property.
Trespass to Personal Property
Chen borrows Mark’s iPad mini to use while traveling home from school for the holidays. When Chen returns to school, Mark asks for his iPad back, but Chen says that he gave it to his little brother for Christmas. In this situation, Mark can sue Chen for conversion, and Chen will have to either return the iPad or pay damages equal to its replacement value. This is an example of what type of conversion?
Failure to Return Goods
Nicholas Mora worked for Welco Electronics, Inc., but had also established his own company, AQM Supplies. Mora used Welco’s credit card without permission and deposited more than $375,000 into AQM’s account, which he then transferred to his personal account. Welco sued. A California court held that Mora was liable for conversion. The court reasoned that when Mora misappropriated Welco’s credit card and used it, he took part of Welco’s credit balance with the credit-card company.This is an example of what type of conversion?
Intention
an intentional tort in which 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
Slander of Title
The publication of a statement that falsely denies or casts doubt on another’s legal ownership of property, causing financial loss to that property’s owner.
Slander of Title
The publication of false information about another’s product, alleging that it is not what its seller claims.
Slander of quality (or trade libel)
To establish slander of quality, the plaintiff must prove that the improper publication caused a third person to refrain from dealing with the plaintiff and that the plaintiff sustained economic damages as a result.
True
An economically injurious false statement made about another’s product or property; a general term for torts that are more specifically referred to as slander of quality or slander of title
Disparagement of Property
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
Negligence
The tort of negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care.
The unintentional tort of negligence
If Juan carelessly bumps into Maya, and she falls and breaks her arm as a result, Juan’s action constitutes what kind of tort?
Negligence
John walks up to Beth and intentionally shoves her.
Beth falls and breaks her arm as a result.
This is an example of?
Intentional Tort and Battery
To succeed in negligence action, the plaintiff must prove what 4 things?
Duty
The defendant owed a duty of care to the plaintiff
Breach
The defendant breached that duty
Causation
The defendant’s breach caused the plaintiff’s injury
Damages
The plaintiff suffered a legally recognizable injury
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the “reasonable person standard,” constitutes the tort of negligence. Is defined as?
The Duty of Care
This standard is not necessarily how a particular person would act, but rather society’s judgment of how an ordinarily prudent person should act
Reasonable Person Standard
The standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measured and that must be observed to avoid liability for negligence.
Reasonable Person Standard
An act or omission without (“but for”) which an event would not have occurred.
Causation in Fact
Define the term-Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Proximate Cause
Questions of proximate cause are linked to the concept of foreseeability because it would be unfair to impose liability on a defendant unless the defendant’s actions created a foreseeable risk of injury
Generally, if the victim or the consequences of a harm done were unforeseeable, there is no proximate cause
This is known as?
Foreseeability
A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence. is known as?
Good Samaritan Statute
For tort liability to arise, the plaintiff must have suffered a legally recognizable injury.
To recover damages, the plaintiff must have suffered some loss, harm, wrong, or invasion of a protected interest.
Injury Requirement and Damages
The following scenario is an example of what?
Jane hosts a Super Bowl party at which Brett, a minor, sneaks alcoholic drinks. Jane is potentially liable for damages resulting from Brett’s drunk driving after the party.
Dram Shop Acts
define the term- a state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by alcoholic drinks contributed to the intoxication
Dram Shop Acts
there are 3 basic affirmative defenses in negligence cases (defenses that a defendant can be use to avoid liability even if the facts are as the plaintiff states)
What are they?
Assumption of Risk
Superseding Cause
Contributory and comparative negligence
a defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger
-A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover
What does this describe?
Assumption of Risk
an intervening force or event that breaks the connection between a wrongful act and an injury to another
-relieves the defendant of liability
Superseding Cause
A theory in tort law under which a complaining party’s own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.
Contributory Law
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person’s proportionate negligence.
Comparative Negligence
Franklin tosses a ball up in the air and intends to catch it, yet the ball hits a bystander, Yen, and injures her. Which of the following is correct?
This is an example of transferred intent.
Franklin’s carelessness is evidence of intent, instead of motive
Franklin is liable for an intentional tort.
Franklin was negligent.
Franklin was negligent.
What must a plaintiff prove in an intentional tort case?
Motive to commit the harm.
Intent to cause the harm to the plaintiff.
Intent to commit the act.
Transferred intent by the defendant.
Intent to commit the act
Which are considered to be unreasonably dangerous product defects? Choose 2 answer choices.
Errors in packaging of the product.
Errors in pricing the product.
Errors in selling the product.
Errors in handling of the product
Errors in packaging the product
Errors in handling the product
