Test 2 chapter 5

Question 1

True of false:

Breach of contract is a tort

Answer 1

false

Question 2

define tort

Answer 2

civil wrong that is not a breach of contract for which the law finds a remedy in the form of damages

Question 3

who are torts formed against

Answer 3

the tortfeaser/defendant

Question 4

tortfeaser

Answer 4

a person who commits the tort

meant to do the act that resulted in the harm

Question 5

Three major types of torts

Answer 5

Intentional torts
Negligence
Strict Liability

Question 6

Intentional torts

Answer 6

involves a deliberate action resulting in the harm

Question 7

Negligence

Answer 7

Unintentional tort that happens dude to failing of reasonable care

Question 8

Strict Liability

Answer 8

Liability without fault
mainly used in abnormally dangerous activities
ex. building implosions, wild animal as pet

Question 9

appeasement

in what 2 ways is it accomplished

Answer 9

primary purpose of tort law - make them the way they were before the tort was committed

1. Compensation to the victim
2. The satisfaction the defendant/tortfeaser had to pay

Question 10

what is the primary purpose of tort law

Answer 10

Appeasement
Justice
Deterrence
Social Insurance

Question 11

Justice

in what ways is it given

Answer 11

Wrongdoer has to pay

ethical retribution - if you caused it you should pay through equitable or monetary damages
ethical compensation - victim is harmed and should be compensated

Question 12

deterrence

Answer 12

prevention

“Least cost avoider” of accident is responsible
rule is intended to alter behavior

Question 13

social insurance

Answer 13

party in the best position to spread loss of injury should pay
ex. manufacturer product hurts someone
manufacturer made the profit of sale
manufacturer is in best position to pay

Question 14

Damages

Answer 14

compensatory damages

punitive damages

Question 15

what is the purpose of compensatory damages

Answer 15

make the innocent party whole again

a. past and future medical expenses
b. pasta and future economic loss
c. past and future pain and suffering

Question 16

what is the purpose of punitive damages

Answer 16

used to punish the tortfeaser awarded for
a. gross negligence
b. willful and wanton
8th amendment does not apply

Question 17

in what 3 ways is Business involved in tort

Answer 17

due to actions and business of its employees
due to business or action against another business
due to business products

Question 18

what type of business are sued

Answer 18

successful

Question 19

what standard is used in tort law

Answer 19

reasonable person standard; objective standard

Question 20

Intentional tort consists of

Answer 20

Assault
Battery 
False imprisonment
Intentional infliction of emotional distress
Invasion of privacy
Defamation
Malicious Prosecution 
Fraudulent Misrepresentation

Question 21

What does intentional tort need to be considered intentional tort

what kind of types are there

Answer 21

Intent

Personal
Property

Question 22

Characteristics of assault

business involvement

Answer 22

Intentionally placing someone in fear or apprehension of immediate bodily harm/ offensive contact

Hill v. Western Union - a person threatens someone or places a person in fear or harm

Question 23

Battery

Answer 23

Physical Contact/offensive touching of someone else without their permission physical contact is not required (ricochet)

Victoria Osteen case

Question 24

defenses to assault and battery

Answer 24

consent “yes”
privilege cop
self defense force allowed to reasonably defend self or others

Question 25

false imprisonment

Answer 25

intentional holding/detaining of a person if the person is harmed by such detention - should be reasonable

Shopkeepers priviage

Question 26

Intention of infliction and emotional distress

usually requires

easily accepted?

Answer 26

intentional conduct so outrageous by person it creates severe and mental distress to another

heart attack/ stroke; more than freedom of speech

USE ANOTHER TORT

Question 27

Invasion of privacy

Answer 27

invasion of persons right to solitude and unwarranted public exposure

Unwarranted does not mean unwanted

Question 28

Invasion of privacy elements

Answer 28

defendant intentionally intrude plaintiffs solitude

the intrusion would be highly offensive to a reasonable person

Question 29

defamation

types

Answer 29

publication of false statements against another persons good name

libel
slander

Question 30

libel

Answer 30

written or recorded - somehow permanent

slander - oral, transitory, unrecorded speech

Question 31

defenses to defamation

Answer 31

truth is absolute defense
privilege - constitutional privileges
conditional/qualified privileges

Question 32

constitutional privilege

limited

Answer 32

statements made by legislators and other public officials

Limited by hutch v. proxmire

Question 33

condiitonal/qualified privilege

Answer 33

statement made with good faith

no malice
statement made to protect some recognized interest

Question 34

malicious prosecution

Answer 34

wrongful use of legal proceeding, civil/criminal

difficult to win (have to win everything then prove they had no reason to presecute)

Question 35

unique

Answer 35

apart of Texas malicious prosecution

last requirement for special damages or special injuries

Question 36

Fraudulent Misrepresentation (Fraud)

Answer 36

common law - lying/ conman

more than sellers talk (puffery)

Question 37

lying (falsehood) can be

Answer 37

knowing something is untrue and lying about it

saying a reckless statement