MGMT 311 Exam 2 - FLASHCARDS - Chapter 6 pt 1
What are torts?
Civil wrongs other than breach of contract. Plaintiffs in tort cases usually seek money damages for the wrongs they suffered
What torts are based on intentional behavior?
Intentional torts
What is one tort with different situations?
Negligence
What is strict liability?
No fault liability
What are defenses of tort law?
Even if the plaintiff can prove the tort they alleged in their petition, they can’t always win. Defendants can excuse their actions legally if they prove a defense
True or false: with intentional torts, intent is required to do the act that causes the harm?
TRUE
With intentional torts, is any evil or harmful motive required?
No
What is the person committing the tort called?
Tortfeasor
What are examples of intentional torts against people?
Assault and battery, false improsonment, intentional infliction of emotional distress, and defamation
What is an intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harmful or offensive contact?
Assault
Is awareness required to be civilly assaulted?
TRUE
What is an unexcused and harmful or offensive physical contact intentionally performed?
Battery
Is malice and proof of motive required for battery?
No
What are defenses to assault and battery?
Consent, self defense and defense of others
When can force be used in defense?
Can be used of reasonably neccesary
What is the intentional confinement or restraint of another without justification?
False imprisonment
What can barriers or restraints of false imprisonment be?
can be physical or oral threats of physical force
True or false: the person being restrained must not agree to the restraint or consent?
TRUE
How do businesses defend against shoplifters?
most states statutorily give businesses a defense to allow the business to detain shoplifters for a reasonable time and in a reasonable manner, if the business has “probable cause” to justify the delay
What is extreme and outrageous conduct causing severe emotional distress in another?
Intentional Infliction of Emotional Distress
Is intentional infliction of emotional distress difficult to prove?
Yes. You need truly outrageous conduct
What is an example of intentional infliction of emotional distress
Someone calls your parent and falsely reports that you have been killed
What does intentional infliction of emotional distress have to show to be valid?
May have to show evidence of physical symptoms or illness or some emotional disturbance documented by medical or psychiatric evidence.
Is the outrageous speech being considered normal under the circumstances a defense for intentional infliction of emotional distress?
Yes
Is consent a defense for intentional infliction of emotional distress?
Yes
What are defenses of intentional infliction of emotional distress?
a. Consent
b. When the outrageous speech is considered normal under the circumstances
c. Speech directed at Public Figures
Who are public figures?
all of our political figures, entertainers, singers, actors
What is defamation?
Lies harming a person’s good reputation
What are written words of defamation?
Libel
What are oral words of defamation?
Slander
What does Prima Facie Case mean?
What the plaintiff has to prove
What does the plantiff have to prove about Defamation against them?
a. Defendant made a: false statement of fact
b. The statement was: understood as being about the plaintiff and intended to hurt their reputation
c. Published to: a third party - someone other than the plaintiff. Could be an innocent evesdropper
d. If Plaintiff is a public figure: he or she must also prove actual malice to win. Actual malice means making statement knowing it is false or with reckless disregard for the truth
What is actual malice?
actual knowledge that the statement is false or reckless disregard for the truth
True or false: In regards to damages in a libel case, general damages are presumed?
TRUE
In regards to damages in a libel case, is proof of special damages neccesary?
No. Because it is written and the jury can read it
True or false: in order to recieve damages for slander, the plaintiff must prove that he suffered “special damages” before Defendant is liable?
TRUE. Actual economic monetary losses must be proven
What is Slander Per Se?
false statement is actionable without proof of “special damages”
What are types of slander per se statements?
1) Statement that person has loathsome, communicable disease.
2) Statement that person has committed improprieties in their profession or trade. (accusing banker for embesselment - stealing from company) dishonest behavior in business
3) Statement that person has committed or been imprisoned for a serious crime. (memorize murder, rape, child molestation)
4) Statement that unmarried woman is unchaste. Harmful to the unmarried woman’s reputation
What are examples of serious crimes?
murder, rape, child molestation
Is truth an absolute defense?
Yes
What is privileged speedh from defamation?
defendant is recieving immunity from liability
What is absolute immunity?
if lies are said during judicial or legislative proceedings
What is qualified (conditional) immunity?
If the statements we made were
a) made in good faith
b) made to those with legitimate interest in the communication
What does the defendant need to prove to get immunity from defamation?
If the statements we made were
a) made in good faith
b) made to those with legitimate interest in the communication
True or false: public figures have a higher burden in proving defamation?
TRUE
What makes a public figure have a higher burden when proving defamation?
they are assumed to have voluntarily exposed themselves to public scrutiny. As such, they must show that the defendant acted with actual malice, which means that the defendant either knew that the statement was false or recklessly disregarded its truth or falsity
What is the right to privacy?
right to solitude and freedom from prying public eyes
What four acts qualify invasion of a right to privacy?
- Intrusion: intrusion on your privacy
- False light: publication of information that places a person in false light or casts doubt on a person’s beliefs. True information taken out of context
- Public disclosure of private facts
- Appropriation of Identity: use of a person’s name, picture, likeness, or other identifiable characteristic for commercial purposes without permission.
What is false light?
publication of information that places a person in false light or casts doubt on a person’s beliefs. True information taken out of context
True or false: an individual’s right to privacy includes the right to the exclusive use of his or her identity?
TRUE
What are the elements of fraudulent misrepresentation?
a. Misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth.
b. Intent to induce another to rely on the misrepresentation.
c. Justifiable reliance by the deceived party.
d. Damages suffered as a result of the reliance.
e. A causal connection between the misrepresentation and the injury.
True or false: fraudulent misrepresentation is more than mere “puffery” (seller’s talk) – only involves subjective terms; opinions rather than facts.
TRUE
Would reliance on a statement of opinion be fraud if the person making the statement has a superior knowledge of the subject matter?
Yes
What is filing a lawsuit without a legitimate basis for a cause of action? Often used as a counterclaim by defendant
Abusive or Frivolous Litigation
With wrongful interference of a business relationship, can individuals interfere unreasonably with another’s business to gain a share of the market?
No. Individuals may not interfere unreasonably with another’s business to gain a share of the market.
What is an example of predatory behavior?
soliciting only those customers who have already shown an interest in the similar product or service of a specific competitor.
What three things does the plantiff have to prove to win a case in interference with a business relationship?
Established business relationship
Tortfeasor used predatory behavor
Tortfeasor intentionally caused the business relationship to end
What is a tortfeasor?
an individual or entity that has been found to have committed a civil offense that injures another party.
Liam is Neely’s supervisor. During Neely’s yearly written evaluation, Liam states that Neely has not performed her job well at all, constantly comes in late to work, and stirs up trouble with the other employees. Neely is understandably upset and wants to sue Liam for defamation. If Neely files a lawsuit against Liam for libel, Neely will probably
not be successful if Liam’s comments on Neely’s written evaluation were made in good faith.
be successful if Liam’s comments on Neely’s written evaluation were made in good faith.
be successful whether or not Liam’s comments on Neely’s written evaluation were made in good faith.
not be successful whether or not Liam’s comments on Neely’s written evaluation were made in good faith.
not be successful if Liam’s comments on Neely’s written evaluation were made in good faith.
Anne Marie has surgery to have her gall bladder removed at Mt. Sinai Hospital. The surgery goes well, but several days later, Anne Marie experiences severe abdominal pain. X-rays reveal a small surgical instrument in Anne Marie’s abdominal cavity. Anne Marie has to endure another surgery to remove the instrument. Anne Marie sues the surgeon for negligence. To win her negligence lawsuit against the surgeon, Anne Marie must prove
that the surgeon was not qualified to perform the surgery.
that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.
that a reasonable person would not have left a surgical instrument in her abdominal cavity.
that the surgeon intended to leave a surgical instrument in her abdominal cavity.
that a reasonable surgeon would not have left a surgical instrument in her abdominal cavity.
