BLAW Exam 4

Question 1

What is a tort?

Answer 1

A civil wrong involving a breach of legal duty causing harm or injury to another person or property

Torts provide remedies for violations of protected interests.

Question 2

What is the difference between damage and damages?

Answer 2

Damage refers to harm or injury, while damages refer to monetary compensation for such harm or injury.

Question 3

What are compensatory damages?

Answer 3

Awards to reimburse the plaintiff for actual losses.

Question 4

What are special damages?

Answer 4

Compensation for quantifiable monetary losses.

Question 5

What are general damages?

Answer 5

Non-monetary compensation for harm.

Question 6

What are punitive damages?

Answer 6

Designed to punish the wrongdoer and deter similar conduct in the future.

Question 7

In which cases are punitive damages available?

Answer 7

Intentional tort actions and suits involving gross negligence.

Question 8

What are legislative caps on damages?

Answer 8

State laws that limit the amount of punitive and general damages that can be awarded.

Question 9

What are the two broad classifications of torts?

Answer 9

Intentional torts and negligence.

Question 10

What is self-defense in tort law?

Answer 10

A defense allowing a person to use reasonable force to protect themselves or their property.

Question 11

What is consent in the context of intentional torts?

Answer 11

An apparent willingness for a tort to take place.

Question 12

What is transferred intent?

Answer 12

Occurs when a defendant intends to harm one individual but unintentionally harms a second person.

Question 13

What constitutes an assault?

Answer 13

Intent to cause apprehension or fear of immediate harm, apparent ability to cause harm, and reasonable apprehension by the plaintiff.

Question 14

What is battery?

Answer 14

Intentional harmful or offensive contact with another person.

Question 15

What is false imprisonment?

Answer 15

Intentionally restricting the physical liberty of another person.

Question 16

What is intentional infliction of emotional distress?

Answer 16

Extreme conduct that is intolerable and causes severe emotional distress.

Question 17

What is defamation?

Answer 17

Communication that harms a person’s reputation.

Question 18

What is the difference between libel and slander?

Answer 18

Libel is written defamation, while slander is oral defamation.

Question 19

What must a plaintiff prove in a defamation case involving a public figure?

Answer 19

Actual malice must be proven.

Question 20

What is the statement-of-fact requirement in defamation?

Answer 20

Whether the defendant made a statement of fact or opinion.

Question 21

What is the publication requirement in defamation?

Answer 21

The defamatory statement must be communicated to someone other than the defamed party.

Question 22

What are special damages in defamation?

Answer 22

Compensation for quantifiable monetary losses due to defamatory statements.

Question 23

What is invasion of privacy?

Answer 23

Intrusion into an individual’s affairs or the publication of private facts.

Question 24

What is fraudulent misrepresentation?

Answer 24

A tort involving deception with intent, justifiable reliance, and resulting damages.

Question 25

What is the definition of negligence?

Answer 25

The failure to use due or reasonable care.

Question 26

What does 'reasonable care' mean?

Answer 26

The care a reasonable person would use in similar circumstances.

Question 27

What are the elements a plaintiff must prove in a negligence case?

Answer 27

* Duty * Breach * Causation * Damages

Question 28

What is the 'direct cause' in negligence?

Answer 28

A cause that had a substantial part in bringing about the injury.

Question 29

What is the 'zone of danger' rule?

Answer 29

The plaintiff was in a specific zone of danger, causing fear of harm.

Question 30

What is strict liability?

Answer 30

Holding a party liable without the need to prove negligence.

Question 31

What types of defects are addressed in strict product liability?

Answer 31

* Design defect * Manufacturing defect * Marketing defect

Question 32

What is the burden of proof in negligence cases?

Answer 32

The party asking for damages must prove the nature, extent, and duration of injury.

Question 33

What is the main difference between negligence and strict liability?

Answer 33

Strict liability eliminates the need for the injured party to prove negligence, focusing instead on the inherent defect in the product. ## Footnote This means that the injured party does not need to show that the manufacturer or seller acted carelessly.

Question 34

What are the three types of defects addressed by strict liability?

Answer 34

* Design Defect * Manufacturing Defect * Marketing Defect ## Footnote Marketing defects include inadequate warnings or instructions.

Question 35

What is one requirement for strict product liability?

Answer 35

The product must be in a defective condition when the defendant sells it. ## Footnote Other requirements include that the defendant is engaged in selling the product and that the product is unreasonably dangerous.

Question 36

What must a plaintiff prove to establish strict product liability?

Answer 36

* The product was unreasonably dangerous * The plaintiff incurred physical harm * The defective condition was the direct cause of the injury * The product was not substantially changed since sale ## Footnote Most states require these conditions to hold the defendant liable.

Question 37

True or False: A plaintiff must show how a product became defective in a strict liability case.

Answer 37

False ## Footnote The plaintiff only needs to prove that the product was defective at the time it left the seller's hands.

Question 38

What defines an unreasonably dangerous product?

Answer 38

A product that is dangerous beyond the expectations of the ordinary consumer or for which the manufacturer failed to produce a safer alternative. ## Footnote This definition considers both consumer expectations and market alternatives.

Question 39

What role does quality control play in manufacturing defects?

Answer 39

Quality control is essential to ensure products are safe and meet standards. ## Footnote Deficiencies in quality control can lead to manufacturing defects.

Question 40

Fill in the blank: The plaintiff does not need to show why or in what manner the product became _______.

Answer 40

[defective] ## Footnote The focus is on the condition of the product at the time of sale.

Question 41

What type of testimony may be required to prove manufacturing defects?

Answer 41

Expert testimony ## Footnote This testimony can help establish the standards of safety and quality in the industry.