Tort law 2 Flashcards
you are in a conflict on the street, he or she intentionally and seriously threatening to hit you on your face. He or she will be liable for the tort of (???)
Assault: The threat of physical harm
In a conflict on the street, a person is threatening you and hitting in your face. He is liable for the tort of (???).
Battery: intentional actual physical harm
You get robbed and you protect yourself from the robber, so you have used “(???) force for (???)”.
Reasonable force for self-defense
If you don’t say “Oh, I just defend myself” what should you say in the court.
I used reasonable force for self-defense to avoid the robbery.
There was a (???) fear of injury and I struck the (???) for self-protection.
Genuine fear of injury - plaintiff
The bad language the plaintiff actually used like “F*ck u”
Provocation: Bad language make people annoyed and angry
The use of provocation as a defense only helps you (???) damages/remedies/awards by the court, you’re still liable for the damages.
Mitigate: Make less severe
If anyone checks your bank account without your knowledge and consent, he or she will be liable for the tort of (???).
Intrusion to seclusion: Invasion to privacy
If the case is not unnecessary so it’s not (???), you don’t need to bring him or her to the trial.
Frivolous.
You have a media company, you spread a news saying that Donald Trump’s IQ is 80 and people believe it. You truly damage his reputation. So you are liable for the tort of (???)
Defamation: is a lie that damages the reputation of a person or a company.
Name two types of Defamation
Slander: is a form of spoken defamation and there is no permanent record.
Libel: is a form of written recorded defamation.
This tort is similar to the defamation but this damages the reputation of a product or service.
Injurious Falsehood:
a lie that damages the reputaion of a product or a service.
You re-create a product and pretend that’s yours. So you are committing the tort of (???)
Passing-off.
