Tort law Chapter 3

Question 1

Definition of a Tort

Answer 1

A tort is a private wrong committed by one person against another person or another person’s property.

Question 2

A person who commits a tort is called a

Answer 2

tortfeasor

Question 3

In a lawsuit, the tortfeasor is the… and the victim is the…

Answer 3

Defendant
Plaintiff

Question 4

intentional tort

Answer 4

An intentional tort is an act that is intended to hurt, embarrass, or scare another person, or to damage another person’s property

Question 5

The most common intentional torts against individuals are:

Answer 5

Assault and battery
Intentional infliction of emotional health
Defmation
False imprisonment
Invasion of privacy

Question 6

When does an assault occur?

Answer 6

When an individual threatens to harm an innocent person using words, gestures, or both.

Question 7

When does battery occur?

Answer 7

When someone deliberately touches another person or that person’s clothing against his or her wishes

Question 8

When does false imprisonment occur

Answer 8

False imprisonment occurs when one person unlawfully restrains another from moving freely. It may involve physical restraint or merely a show of force.

Question 9

When does Defamation occur?

Answer 9

Defamation occurs when one person lies about another in a way that damages his or her reputation.

Question 10

What are the two types of defamation?

Answer 10

1.libel, which is written, and
2.slander, which is verbal.

Question 11

When does invasion of privacy occur

Answer 11

Occurs when someone violates the right

Question 12

When does Intentional infliction of emotional distress occur

Answer 12

occurs when one person purposely causes another person mental anguish.

Question 13

Intentional Torts Against Property include:

Answer 13

Trespass – interfering with somebody’s real property (land or anything permanently attached to it)
Conversion – when someone interferes with a person’s right to personal property.

Question 14

Nuisance

Answer 14

anything that interferes with the enjoyment of property.

Question 15

Disparagement

Answer 15

when others tell lies about objects that you personally are trying to sell. Must prove you actually lost money due to the lie!

Question 16

Negligence

Answer 16

tort that occurs due to carelessness. It is an accident. The injury was not intended.

Question 17

The four elements of negligence are

Answer 17

The defendant owed the plaintiff a duty of care.

The defendant committed a breach of that duty.

The breach of duty was the proximate cause of harm.

The plaintiff suffered actual harm.

Question 18

ALL OF THE FOLLOWING MUST BE PRESENT TO SUE SOMENE FOR NEGLIGENCE

Answer 18

Duty of Care – a legal obligation requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others
Breach of Duty – failing to use reasonable care in dealing with a person
Proximate Cause is the cause that immediately and directly results in a
specific event.
Actual harm- the victim must suffer an injury, have property destroyed or lose a lot of money to prove actual hard and sue for negligence

Question 19

three other defenses against negligence:

Answer 19

Contributory, negligence, comparative negligence and Assumption of risk

Question 20

Contributory negligence

Answer 20

When the victim did some thing that helped cause their own injury 

Question 21

Comparative negligence 

Answer 21

when the negligence of the victim is compared to that of the defendant. A victim who is partially responsible may collect only partial damages.

Question 22

When does assumption of risk occur? 

Answer 22

Assumption of risk occurs when the victim understood the risk involved in an activity and took the chance of being injured.

Question 23

Strict liability 

Answer 23

holds that some activities are so dangerous, no amount of care could eliminate the risk of injury.