Torts and Cyber Torts

Question 1

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

French for “wrong”

Answer 1

Tort

Question 2

Wrongful interference with another’s business rights and relationships.

Answer 2

Business Tort

Question 3

A tort committed in cyberspace.

Answer 3

Cyber Tort

Question 4

Two notions serve as a basis of all torts…

Answer 4

Wrongs and compensation

Question 5

A monetary award sought as a remedy for a breach of contract or a tortious action.

Answer 5

Damages

Question 6

Purpose of Tort Law

Answer 6

To provide remedies for the invasion of various PROTECTED INTERESTS.

Question 7

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Answer 7

Compensatory Damages

Question 8

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

Answer 8

Punitive Damages

Question 9

The two broad classifications of torts…

Answer 9

Intentional torts and unintentional torts.

Question 10

A wrongful act knowingly committed.

Answer 10

Intentional Tort

Question 11

One who commits a tort.

Answer 11

Tortfeasor

Question 12

Any word or action intended to make another person fearful of immediate physical harm - a reasonably believable threat.

Pointing the gun.

Answer 12

Assault

Question 13

Unexcused, harmful or offensive, physical contact with another that is intentional performed.

Shooting the gun and hitting target.

Answer 13

Battery

Question 14

A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or established what she or he seeks

Answer 14

Defense

Question 15

The intentional confinement or restraint of another persons activities without justification.

Answer 15

False imprisonment

Question 16

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

Answer 16

Actionable

Question 17

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character.

Answer 17

Defamation

Question 18

Defamation in writing or another form having the quality of performance (such as a digital recording)

Answer 18

Libel

Question 19

Defamation in oral form.

Answer 19

Slander

Question 20

In the act of slander or libel there has to be a publication requirement where it communicates to a third party or it does not constitute.

Answer 20

.

Question 21

In tort law, immunity from liability for an action that would otherwise be a tort.

Answer 21

Privilege

Question 22

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity of reckless disregard of the truth.

Answer 22

Actual Malice

Question 23

Defamation can be protected by having a privilege like statements made in the courtroom by attorneys or having a qualified privilege like a supervisor making negative statements that are true about an employee.

Answer 23

.

Question 24

Four acts qualify as an invasion of privacy.

Answer 24

Intrusion into an individual’s affairs or seclusion, false light, public disclosure of private facts, and appropriation of identity.

Question 25

In tort law, the used by one person of another persons name, likeness, or other identifying characteristic without permission and for the benefit of the user.

Answer 25

Appropriation

Question 26

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

Answer 26

Fraudulent Misrepresentation

Question 27

A salespersons often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts are not legally binding promised or warranties.

Answer 27

Puffery

Question 28

Entry onto, above, or below the surface of land owned by another without the owners permission or legal authorization.

Answer 28

Trespass to Land

Question 29

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owners possession of personal property

Answer 29

Trespass to personal property

Question 30

Wrongfully taking or retraining possession of an individual’s personal property and placing it in the service of another.

Answer 30

Conversion

Question 31

An economically injurious falsehood about another’s product or property.

Answer 31

Disparagement of property

Question 32

The publication of false information about another’s product, alleging that it is not what it’s seller claims.

Answer 32

Slander of quality (trade libel)

Question 33

The publication of a statement that denies or casts doubt on another’s legal ownership of any property, causing financial loss to that property’s owner.

Answer 33

Slander of title

Question 34

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Answer 34

Negligence

Question 35

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

Answer 35

Duty of care

Question 36

The standard of behavior expected of a hypothetical “reasonable person.” It is the standard against which negligence measured and that must be observed to avoid liability of negligence.

Answer 36

Reasonable person standard

Question 37

To succeed in negligence action, the plaintiff must prove each of the following…

Answer 37

Duty - that the defendant owed a duty of care to the plaintiff.

Breach - that the defendant breached that duty

Causation - that the defendants breach caused the plaintiffs injury

Damages - that the plaintiff suffered a legally recognizable injury.

Question 38

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

Answer 38

Business invitee

Question 39

An extreme and outrageous act, intentionally committed, that results in severe emotional distress to another

Answer 39

The tort of intentional infliction of emotional distress

Question 40

A defense to negligence a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.

Answer 40

Assumption of Risk

Question 41

A rule in tort law, used in majority of states, that reduces the plaintiffs recovery in proportion to the plaintiffs degree of fault, rather than barring recovery completely.

Answer 41

Comparative Negligence

Question 42

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiffs own fault.

Answer 42

Contributory Negligence

Question 43

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.

Answer 43

Dram Shop Act