torts (exam 2)

Question 1

torts

Answer 1

wrong not based on a contract

Question 2

what are the 3 types of torts?

Answer 2

intentional, negligence, strict liability

Question 3

intentional torts

Answer 3

arise from an act the defendant consciously performs; intent to perform the act but not necessarily to harm

Question 4

negligence

Answer 4

no intent required, instead focuses on if defendants act creates rise of harm due to defendants carelessness/ mistake

Question 5

strict liability

Answer 5

liability without fault

Question 6

defamation

Answer 6

defendants false statement of fact “published” or communicated to 3rd party; causes damage to plaintiff

Question 7

slander

Answer 7

spoken/verbal defamation

Question 8

libel

Answer 8

written defamation

Question 9

wrongful interference

Answer 9

defendants wrongful act interested with relationship between plaintiff and 3rd party

Question 10

conversion

Answer 10

plaintiff initially entrusts property to defendant for intended purposes only but defendant uses it for personal use

Question 11

privacy

Answer 11

use of person’s name, picture, or likeliness for commercial purposes without permission

Question 12

fraud

Answer 12

misrepresentation/deceit

Question 13

duty of care

Answer 13

defendant owes a duty of care to plaintiff

Question 14

breach

Answer 14

defendant breaches the duty of care owed to plaintiff

Question 15

causation & damage

Answer 15

defendants breach of the duty of care owed to plaintiff causes damage to plaintiff

Question 16

comparative negligence

Answer 16

liability proportioned to percentage of plaintiffs fault

Question 17

third partys fault

Answer 17

liability proportioned to percentage of negligence or other tort of third party

Question 18

superseding/intervening case

Answer 18

is there a break in the casual connections between defendants bad act and plaintiffs damage?

Question 19

product liability

Answer 19

recognizes that there will be defects in mass-produced products even if used as intended

Question 20

public policy

Answer 20

someone other than the injured consumer/bystander should be legally responsible for damages caused by those defects

Question 21

3 theories for product liability

Answer 21

1) manufacturing defect
2) design defect
3) warning defect

Question 22

2 judgements in tort cases

Answer 22

special damages & general damages

Question 23

special damages

Answer 23

measured in exact terms; down to the last dollar and cent

Question 24

general damages

Answer 24

intangible quality of life damages; compensating emotional distress or pain and suffering

Question 25

punitive damages

Answer 25

punishment in addition to special damages & general damages