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Question 1

1.What is the purpose of tort law? What type of damages are available in tort lawsuits?
2.What are two basic categories of torts?
3.What are the four elements of negligence?
4.What are the various forms of products liability?

Answer 1

response

Question 2

what do torts do? why may smth be wrongful?

Answer 2

torts compensates the suffering of ppl to compensate wrongful conduct .

it’s wrongful because it causes damage to another ,doesn’t have to be on purpose

Question 3

what’s a tort , what 2 things that torts aren’t or don’t have, what’s an example

Answer 3

•A tort is a type of civil law/wrong not based in contract.

torts don’t have a proper definition and not a contract

ex: accidentally spilled coffee on someone, it is considered wrong even if it was on accident

Question 4

what’s the purpose of tort law ,

Answer 4

•Tort law compensates those that have suffered a loss due to another’s wrongful (they did smth even if it’s accidental or purposeful that hurts others) conduct.

(tort law gives ppl who are wrong a way to compensate losses)

(the purpose of tort law is to get u back to where u were,from negative to 0, don’t profit from torts)

Question 5

In regards to damages available in tort actions; types of compensatory damages ,(special compensatory damage v general compensatory damages) examples for both

Answer 5

Types of Compensatory damages – reimburses the plaintiff for actual losses
•Special: Quantifiable monetary losses (hospital bills- can submit invoices ,loss wages-missed time, $ per hour)

•General: Compensate for non-monetary aspects of harm suffered, such as pain and suffering. Not available for businesses ( emotional distress,businesses can’t sue but humans can)

Question 6

In regards to damages available in tort actions; what are punitive damages,when are they allowed(example )

Answer 6

they are monetary damages used to punish the defendant
•Only allowed in circumstances where the conduct was particularly bad

(u can also recover punitive damages. ex: mcdonald’s case,old lady got coffee spilled on drive thru cuz of lid,sued and got $30 mil,3rd degree burns,mcdonald’s knew abt defective coffee pots, lady got punitive damages,most lawsuits don’t win with punitive damages )

Question 7

what are the 2 classifications of torts

Answer 7

1.Intentional torts
2.Unintentional torts (there’s only 1 ,which is negligence)

Question 8

can there be a defense towards torts that had their elements met?

Answer 8

Even if the elements of the tort have been met, there may be a defense that prevents recovery of damages

Question 9

[Beginning of Intentional Torts against Persons] what must a tortfeasor intend to do (what does intentional mean, how can a intent be transferred)

Answer 9

-The tortfeasor must intend to commit an act which interferes with another’s interests.
•The intent can be transferred if the tortfeasor intended to harm one person and harmed another instead.

(intentional means that the person has to intend to take an action against a persons well being,doesn’t have to intend outcome,intentions can be transferred if u accidentally harm someone else)

Question 10

4 types of torts against persons (assault ,battery,false imprisonment,intentional infliction of emotional distress) what’s a defense for battery and assault, examples for each

Answer 10

1.Assault – putting another in fear of receiving an immediate harm (ex: threats,fear of getting punched,3 yr old can commit assault, touched without consent, can sue along battery or separate)

2.Battery – harmful or offensive contact (punched from behind, contact of fist punch,friend who kicked soccer ball on other friends nose)

(consent is a defense for both assault and battery ,a massage with professional, massage by stranger on bus)

3.False imprisonment – unreasonable confining or restraining another ( store manager keeps suspect until they confess, they should call cops to do that correctly. in contrast ,escape rooms are consensual)

4.Intentional infliction of emotional distress – outrageous conduct that causes emotional harm ( emotional harm caused physical repercussions, pregnant woman miscarries cuz of fear of a prank that her husband died)

Question 11

what’s defamation (what must the statement be,in contrast what are opinions, what if statement is true,what if plantiff is public figure) what’s Libel,what’s Slander

Answer 11

• Wrongfully hurting another’s reputation by making false statements of fact
  •The statement must be “published,” or told to someone other than the plaintiff.
  •Opinions are protected free speech and not defamation.
  •If the statement was true, there is no defamation.
  •If the plaintiff is a public figure, the statement must be made with actual malice to qualify as defamation. (anyone on public eye, SNL are allowed cuz it’s satire,news sources often get sued for defamation)

Libel: statements that are written or through other media (writing,video)

•Slander: oral statements (not recorded)

Question 12

how does Invasion of Privacy look like (3)examples

Answer 12

• Invading another’s home or personal belongings (snooping in cabinets)

-Public disclosure of private facts (doesn’t happen often,spreading rumors that someone lost their virginity caused them to lose job)

-Appropriation of identity (using someone else’s likeness without permission to get smth, ex: 2014 dove ad had someone in it who died in 1988 thru ai ,not appropriation cuz got permission)

Question 13

what’s Fraudulent Misrepresentation (a tort), what does a person do in regards fact

Answer 13

•Intentional deceit of another for personal gain
•The person must misrepresent a fact he or she knows to be true (1. intentional misrepresentation,2.intent to deceive, 3. person lied to fell for it, 4. damages )

Question 14

[Intentional Torts against property] Under types of property, what’s the dif between Real and Personal property

Answer 14

Real property – land, and everything attached to land (ex: her land, house,fixtures)

Personal property – movable, tangible items (pillow)

Question 15

when does Trespass of Land occur

Answer 15

•Occurs when one enters another’s real property without permission (defense would be getting permission, u turn, dogs going on grass)

Question 16

what’s Trespass to Personal Property (2)

Answer 16

•Wrongfully taking or harming the personal property of another (taking laptop, u get property but gave it back)

Question 17

what’s conversion , what does it overlap with

Answer 17

•Wrongfully using or possessing the personal property of another ( still using laptop after u said no)

•There is usually overlap between trespass to personal property and conversion(but can also be separate)

(used permission to use laptop but accidentally damaged it caused it to be a conversion)

Question 18

when does Disparagement of Property occur, what is it similar to

Answer 18

•Occurs when a person makes economically injurious statements about another’s product or property

•Same idea as defamation, but the statements are made about the property/product instead of the person. (saying a restaurants food is bad)

Question 19

[negligence]what’s negligence

Answer 19

The failure to exercise a duty of care that a reasonable person would exercise in the same situation

(doesn’t require any intention, can happen on accident,at all times ur behavior will be compared to what a person would do)

Question 20

4 elements of negligence (duty breach causation damages)

Answer 20

(in spirit to ppl around u)

1.Duty – the defendant owed a duty of care to the plaintiff

2.Breach – the defendant breached this duty

3.Causation – this breach led to the defendant’s injury

4.Damages – an injury occurred

Question 21

in regards to the Duty of Care and It’s Breach, what’s Reasonable person standard

Answer 21

The defendant is held to the same standard as a reasonably objective person in the defendant’s same situation would have acted.

Question 22

in regards to the Duty of Care and It’s Breach, what are the duty of landowners and professionals

Answer 22

The duty of landowners- People who invite others onto property have a duty to keep the premises safe.

The duty of professionals-Professionals have a duty of care towards their clients. ( held in a standard of a reasonable professional , won’t be compared to a average person)

Question 23

with negligence there’s 2 types of causations (causation in fact, proximate cause)

Answer 23

Causation in fact – the harm would not have occurred “but for” the conduct of the defendant

•Proximate cause – the link between the action and the cause was sufficiently strong to warrant liability. It must have been foreseeable that the defendant’s actions would have caused the harm for liability to be imposed.

Question 24

The Injury Requirement and Damages( what must have happened to plaintiff, what’s the purpose of tort law, what happens if there’s no harm)

Answer 24

•The plaintiff must have suffered actual harm.
•The purpose of tort law is to compensate people through monetary damages. If there is no harm, there is no violation.

Question 25

what’s comparative negligence defense( what happens if plaintiff is negligent ) (ex)

Answer 25

Comparative negligence – used in most states; if the plaintiff is also negligent, then the plaintiff’s level of fault determines whether and how much is recovered ( the person who spilled coffee can defend by saying that they weren’t looking)

Question 26

[Strict Liability]what’s Strict Liability ,what activities is it imposed for, what are examples of those types of activities (2)

Answer 26

(strict liability is a tort)
-liability without fault, is imposed for certain activities(abnormally dangerous activities)

•People who knowingly keep dangerous animals (pet tigers)
•Product liability – liability for manufacturers of defective or harmful products

Question 27

[product liability ] who’s liable for product liability , negligence theory of product liability, misrepresentation theory of product liability (example)

Answer 27

Those who make, sell, or lease goods can be held liable for physical harm or property damage that those goods cause.

•Negligence theory of product liability : manufacturers must exercise due care to make a product safe

•Misrepresentation theory of product liability when a buyer is knowingly misled about a product ( advertises me sugar of a diet product)

Question 28

what does Strict Product Liability look like (6)

Answer 28

-Product must be in defective condition when sold

-Defendant is in the business of selling the product

-Product must be unreasonably dangerous

-Plaintiff must be physically harmed ( physical damages)

-Defective condition must be proximate cause of injury (linked with cause and effect)

-Goods are in substantially same condition as when sold

Question 29

what are the defenses of Product liability (4)

Answer 29

•Assumption of risk (buyer knew product was defective)
•Product misuse (buyer was harm by product misuse, smelling hair spray )
•Comparative negligence
•Commonly known dangers (knife causes u to bleed, pots can burn u)