Test 2: Torts

Question 1

Tort

Answer 1

Civil wrong; breach of duty, other than contract, that causes damage which law provides remedy.

Question 2

Business Tort Classification

Answer 2

1) Intentional
2) Unintentional
3) Strict Liability

Question 3

Unintentional (Negligence) Tort

Answer 3

Civil wrong caused by unintentional careless conduct (act or omission) that creates reasonable risk of harm to others.

Question 4

Elements of Unintentional (Negligence) Tort

Answer 4

1) Breach
2) Causation
3) Duty of Care
4) Damages

Question 5

Breach (Element of Unintentional/Negligence Tort)

Answer 5

Behavior that does not reflect duty of care.

Question 6

Causation (Element of Unintentional/Negligence Tort)

Answer 6

Connection between one’s act and another’s injury.

Question 7

Cause in Fact (Causation)

Answer 7

One’s conduct is the actual cause of the event that created other’s injury.

Question 8

Proximity Cause (Causation)`

Answer 8

One’s conduct has a resoanable relationship with the event that created other’s injury.

Question 9

Res Ipsa Loquitor

Answer 9

“It speaks for itself”: in the absence of negligence injury could have not happend. No need of other elements.

Question 10

Duty of Care (Element of Unintentional/Negligence Tort)

Answer 10

What a resonable person would do in the same or similiar circumstances.

Question 11

Damages (Element of Unintentional/Negligence Tort)

Answer 11

Harm caused by one’s action.

Question 12

Defense of Unintentional/Negligence Tort

Answer 12

1) Assumption of Risk
2) Contributory Negligence
3) Comparative Negligence

Question 13

Assumption of Risk (Defense of Negligence Tort)

Answer 13

Injured party knew or should have known of risk and volutarily assumed it. Injured party does not have case.

Question 14

Contributory Negligence (Defense of Negligence Tort)

Answer 14

Dependent on Jurisdiction. Injured party’s action contributed to injury . Injured party does not have a case.

Question 15

Comparative Negligence (Defense of Negligence Tort)

Answer 15

Dependent on Jurisdiction. Damages are reduced by the % of injuries caused by the injured party.

Question 16

Pure Comparative Negligence (Comparative Negligence Tort)

Answer 16

Damages will be calculated as a percentage of the defendant’s fault.

Question 17

50% Comparative Negligence (Comparative Negligence Tort)

Answer 17

Damages will ONLY be calculated as a percentage of the dedendant’s fault if plaintiff is responsible for LESS than 50% of the fault.

Question 18

Civil Remedies of Unintentional/ Negligence Tort

Answer 18

1) Compensatory Damages
2) Punitive Damages
3) Nominal Damages
4) Liquidated Damages
5) Injunction
6) Specific Performance
7) Declaratory Judgment

Question 19

Compensatory Damages (Civil Remedy of Negligence Tort)

Answer 19

Damages awarded to make the injured party whole. Ex. loss of wages.

Question 20

Punitive Damages (Civil Remedy of Negligence Tort)

Answer 20

Damages awareded to prevent action from happening again.Ex. 2 days of McD’s coffee sales.

Question 21

Nominal Damages (Civil Remedy of Negligence Tort)

Answer 21

Damages awarded to establish responsibility of the defendant, no substantial injury to plaintiff.

Question 22

Liquidated Damages (Civil Remedy of Negligence Tort)

Answer 22

Stated remedy when monetary damages are difficult to compute from loss of opportunity.

Question 23

Injunction (Civil Remedy of Negligence Tort)

Answer 23

Court order to stop a specific act.

Question 24

Specific Performance (Civil Remedy of Negligence Tort)

Answer 24

Court order to perform a speific act.

Question 25

Declaratory Judgment (Civil Remedy of Negligence Tort)

Answer 25

Assessment of legality before proceeding with case.

Question 26

Intentional Tort

Answer 26

Civil wrong caused by a person with intent.

Question 27

Intent (Intentional Tort)

Answer 27

Person's knowledge that action will resoanably result in harm; state of mind of the person that caused harm; willful act; idea that the one knew or should have known that act would reasonably cause harm.

Question 28

Intentional Tort Classificaiton

Answer 28

1) Assault 2) Battery 3) False Imprisonment 3) Infliction of Emotional Distress 4) Invasion of Privacy 5) Defamation

Question 29

Assault (International Tort)

Answer 29

Infliction of fear of immediate bodily injury. Ex. pointing a gun.

Question 30

Battery (Intentional Tort)

Answer 30

Unlawful touching; intentional physical contact without consent. Ex: kissing, kicking.

Question 31

Defense of Assault and Battery

Answer 31

1) Consent 2) Privilege 3) Self Defense 4) Defense of Others/Property

Question 32

False Imprisonment

Answer 32

Intentional holding or detaining; restraining the freedom of coming and going. Ex. being held at a store for shoplifting.

Question 33

Defense of False Imprisonment

Answer 33

Merchant Protection Statute: holding someone for a reasonable time, in a reasonable manner, for a valid reason.

Question 34

Infliction of Emotional Distress

Answer 34

Acting in an outrageous manner that causes several mental or emotional harm.Ex: being badgered by a landlord.

Question 35

Invasion of Privacy

Answer 35

Infrigement of a person's right to solitude and freedom from needless public exposure. Ex: unauthorized use of one's picture.

Question 36

Defense of Invation of Privacy

Answer 36

1) Right is waived by public figures | 2) Information taken from public records

Question 37

Defamation

Answer 37

False communication that injures a person's or a company's reputation or good name.

Question 38

Defamation (Elements)

Answer 38

1) must be false 2) must be communicated to a third person or published 3) must cause harm

Question 39

Defamation per se

Answer 39

False communication that causes harm itself. Ex: publishing that a person is a child molester.

Question 40

Defense of Defamation

Answer 40

1) Truth 2) Absolute Privilege 3) Conditional Privilege 4) Constitutional Privilege

Question 41

Absolute Privilege (Defense of Defamation)

Answer 41

False statement given in court as part of a case.

Question 42

Conditional Privilege (Defense of Defamation)

Answer 42

False statement with good faith.

Question 43

Constitutional Provilege (Defense of Defamation)

Answer 43

Statement published as an opinion.

Question 44

Malicious Prosecution

Answer 44

Using the legal system as a form of harrassment.

Question 45

Malicious Prosecution (Elements)

Answer 45

1) Underlined by a civil or criminal case 2) Defendant must have won the case 3) Defendant must show plaintiff's malicious intent 4) Must have created damages

Question 46

Fraud (Elements)

Answer 46

1) Intentional misrepresentation 2) Made to induce reliance 3) Induced reliance 4) Justified reliance 5) Reliance caused harm

Question 47

Dram Shop Liability

Answer 47

Business that provides alcohol to an intoxicated person is liable if the person causes harm.

Question 48

Good Samaritans Laws

Answer 48

Protects one who saves another from liability.

Question 49

Joint & Several Liability

Answer 49

Dependent of jurisdiction. Any and or all can be responsible for the damage; therefore, all are sued. Ex: Asbestos

Question 50

Market Share Liability

Answer 50

Dependent of jurisdiction. Liability based on the market share of the company at the time of event.