Torts

Question 1

tortfeasor

Answer 1

the one committing the tort

Question 2

1.assault

Answer 2

any word or action meant to intimidate

Question 3

1.battery

Answer 3

an act that results in harm

must be physical contact

Question 4

Defense to assault and battery

Answer 4

consent
self defense
defense of others

Question 5

2.False imprisonment

Answer 5

intentional confinement or restraint without reason
retailers shoplifting rules:
1. reasonable time
2. non deadly force
3. investigate in reasonable manner
4. probable cause
Shoyoye v. county LA wrongfully imprisoned under same name but different person

Question 6

3.Intentional infliction of emotional distress

Answer 6

Outrageous conduct that goes beyond all possible bounds of decency
Results in mental distress
firefighters forced to drive in gay pride san diego

Question 7

4.Defamation

Answer 7

Anything published or publicly spoken that hurts a name or reputation
Libel-Defamation in written or published form
Slander-Defamation in oral form
public figures must show actual malice
personal opinion prtected

Question 8

Actual malice

Answer 8

Known falsities but published anyway

what public figures must show for defamation

Question 9

5.Right to privacy

Answer 9

Intrusion on someones affairs
Public disclosure of private facts
Appropriation of identity- using a person without permission

Question 10

5.Right to appropriation/ right of publicity

Answer 10

Using a person name, likeness, or other identifying characteristic without permission
50 cent video game

Question 11

5.Appropriation

Answer 11

Using a person name, likeness, or other identifying characteristic without permission

Question 12

6.Fraudulent misrepresentation

Answer 12

Any deceit or misrepresentation for personal gain

more than puffery or sellers talk

Question 13

7.Abusive or frivolous litigation

Answer 13

Persons have a right to not be harassed by lawsuits

Question 14

8. Wrongful interference (contractual)

Answer 14

third parties must not knowably induce a party to breach their contract

1. valid contract
2. 3rd party must know about contract
3. 3rd party must induce breach

Question 15

9. Trepass to land

Answer 15

(personal property)
Interference to an owners right to exclusive possession of land (trespassing)
actual harm not required

Question 16

10. Trespass to personal property (chattels)

Answer 16

(personal property)
Interference with an owners property
wrongfully taking or harming the property

Question 17

11. Disparagement of property

Answer 17

(personal property)
Falsehoods made about someones product or property
slander of quality
slander of title

Question 18

4 elements of negligence

Answer 18

1. Duty - duty of care
2. Breach - breached duty
3. Causation - caused injury
4. Damages or injury - suffered injury

Question 19

Duty of landowners /businesses in negligence

Answer 19

Reasonable care to protect persons on their property from harm

Question 20

Causation in negligence

Answer 20

defendants breach caused injury
2 kinds
1. causation in fact- without which the event would not have occurred, no limits
2. proximate cause- person is liable if their act and injury is strong enough to justify imposing liability

Question 21

Assumption of risk

Answer 21

defense to negligence

A plaintiff who voluntarily enters a risky situation knowing the risk involved (dangerous sports)

Question 22

Comparative negligence

Answer 22

defense to negligence

damages apportioned to according to fault

Question 23

Res Ipsa Loquitur

Answer 23

easy for plaintiff to prove duty because of defendants obvious control
ex. surgical instrument found in body after surgery

Question 24

Negligence per se

Answer 24

When a defendant violates statute put in place to protect the injury received
Plaintiff automatically wins

Question 25

Strict liability

Answer 25

If you do it, you are liable

imposed on abnormally dangerous activities like cropdusting