Ch 6 Torts

Question 1

Tory

Answer 1

Civil wrongdoing or infringement on rights that leads to civil liability

Question 2

Purpose of tort law

Answer 2

Provide remedy (damages) for injury to protected interest

Question 3

Compensatory

Answer 3

Reimburse plaintiff for actual losses

Question 4

Special damages

Answer 4

Medical expenses, lost wages, benefits

Question 5

General damages

Answer 5

Pain and suffering, has cap

Question 6

Punitive damages

Answer 6

Punish wrongdoer and defer similar future conduct, has cap

Question 7

Tortfeasor

Answer 7

Person committing the tort

Question 8

Intentional tort

Answer 8

Intended consequences and/or knew what would happen

Question 9

Transferred intent

Answer 9

Tortfeasor goes for person ‘A’ but harms ‘B’

Question 10

Assault

Answer 10

Intentional or undecided threat of immediate harmful/offensive action

Question 11

Battery

Answer 11

Completion of assault, physical contact intentionally performed

Question 12

False imprisonment

Answer 12

Intentional confinement of another person or restraining their activity without justification

Question 13

Infliction of emotional distress

Answer 13

Intentional act that amounts to extreme and outrageous conduct (tying husband to tree)

Question 14

Defamation

Answer 14

Wrongfully hurting a persons good reputation

Question 15

Slander

Answer 15

Verbally defaming someone

Question 16

Libel

Answer 16

Defaming someone through print and media

Question 17

Damages for libel

Answer 17

General damages presumed and plaintiff will not have to prove actual injury

Question 18

Damages for slander

Answer 18

Plaintiff must prove actual economic loss

Question 19

Slander per se

Answer 19

No proof needed when involving loathsome disease, serious crime/sexual misconduct

Question 20

Appropriation

Answer 20

Use of another’s name, likeness, or identifying characteristic for commercial purposes

Question 21

Fraud

Answer 21

Intentional deceit, for personal gain.

Question 22

Wrongful interference

Answer 22

Defendant knows about contract/business and intentionally induces party to breach or relationship to end

Question 23

Conversion

Answer 23

Wrongful possession or use without permission

Question 24

Negligence

Answer 24

Failure to live up to required duty of care they reasonable person has

Question 25

Causation in fact

Answer 25

But for test; did injury occur because of defendants act or would if have occurred anyways?

Question 26

Proximate cause

Answer 26

When causal connection between act and injury is strong enough to impose liability (Long Island railroad case)

Question 27

Negligence per se

Answer 27

Occurs when defendant violates statute designed to protect the type of plaintiff that was injured;

Question 28

Good Samaritan statutes

Answer 28

Projects someone who renders aid to injured person from being sued for negligence

Question 29

Dram shop acts

Answer 29

In NC; liability for injuries may be put on bartender if he’s found at fault

Question 30

Assumption of risk

Answer 30

Plaintiff knows risk and engages in act anyway

Question 31

Superseding cause

Answer 31

Unforeseeable intervening act that breaks link between defendant’s act and plaintiffs injury (Cletus truck)

Question 32

Contributory negligence

Answer 32

If plaintiff causes injury in any way he is barred from recovery