Ch 10

Question 0

3 main categories of torts

Answer 0

1 intentional torts

2 negligence torts

3 strict liability torts

Question 1

Tortfeasor

Answer 1

One who commits a tort

Question 2

Intentional torts

Answer 2

Involve deliberate actions that cause injury

Question 3

Negligence torts

Answer 3

Involve injury following failure to use reasonable care

Question 4

Strict liability torts

Answer 4

Impose legal responsibility for injury even though neither

Intentionally nor negligently causes injury

Question 5

Intent

Answer 5

Desire to bring about certain results

Results that are substantially likely to result from an action

Question 6

Battery

Answer 6

Employers who knowingly exposed employees to toxic substances without warning them of the dangers

These injuries were substantially likely to result from
Failure to warn

Question 7

9 types of intentional torts

Answer 7

1 assault and battery
2 intentional infliction of mental distress
3 invasion of privacy
4 false imprisonment and malicious prosecution
5 trespass
6 conversion
7 defamation
8 fraud
9 common law business torts

Question 8

Apprehension

Answer 8

Expectation that one is about to be physically injured

Question 9

Assault

Answer 9

Pacing of another in immediate apprehension for his or

Her physical safety

Question 10

Battery: definition

Answer 10

Illegal touching of another

Question 11

Example of both battery and assault

Answer 11

Store manager who unpleasantly threatens a customer with a wrench is guilty of assault

Actually hits them with the wrench is guilty of battery

Question 12

Intentional infliction of mental distress

Answer 12

Battery to emotions

Arises from outrageous, intentional conduct that carries
Strong probability of causing mental distress to person
Whom directed at

Question 13

Intentional infliction of mental distress, 2 most common examples

Answer 13

Employees who’ve been discriminated against or fired

Question 14

Intentional infliction of mental distress: 2 symptoms that show it

Answer 14

Sleeplessness and headaches

Question 15

Intentional infliction of mental distress: business world example

Answer 15

Creditors calling their debtors to extract payment in

Frequent, abusive, threatening phone calls

Question 16

Invasion of privacy, most common invasion of privacy

Answer 16

1 using plaintiffs name or likeness for own use (ex. Marketers
Required to pay damages to individuals when pictures
Of them are used without authorization)

Advertiser must obtain proper release from person to avoid liability

Question 17

Invasion of privacy: defendant’s intrusion of plaintiff’s physical solitude 4 examples

Answer 17

1) illegal searches
2 invasions of home/possessions
3 illegal wire tapping
4 unwanted telephoning

Question 18

Invasion of privacy: defendant’s public disclosure of highly objectionable information about plaintiff example

Answer 18

Publishing facts that plaintiff doesn’t pay debts even if info
Is true, is damaging to plaintiffs reputation creating liability

Communicating the same facts to a credit reporting
Agency is not seen as a liability

Question 19

False imprisonment, define, when is it most commonly used?

Answer 19

Intentional unjustified confinement of nonconsenting person

Most commonly used for shoplifting

Question 20

Malicious prosecution

Answer 20

False arrest

Someone to be arrested criminally without proper grounds

Question 21

Trespass, define, examples

Answer 21

Enter another’s land without consent or remain there after
Being asked to leave

Ex. Union pickets walking on company property, customers leaving store after being asked to do so

Question 22

Conversion

Answer 22

Wrongful exercise of dominion (power) + control over
Personal (non land) resources that belong to another

Ex. Stealing from an employer, purchasing something
That’s been stolen, failing to return something at the
Designated time, destruction/alteration of what belongs
To others, delivering something to the wrong party

Question 23

Defamation

Answer 23

Publication of untrue statements about another that hold
Up that individual’s character or reputation to contempt
Or ridicule

Question 24

Slander

Answer 24

Oral defamation

Question 25

Libel

Answer 25

Written defamation or defamation published over radio | Or television

Question 26

Who can sue for defamation?

Answer 26

Individuals and corporations

Question 27

Defamation and the first amendment

Answer 27

News media can only be sue for knowly printing false | statements (malice) or being reckless

Question 28

Fraud

Answer 28

Intentional misrepresentation of material fact that's justifiably Relied upon by someone to his or her injury

Question 29

Common business frauds

Answer 29

Involve intentional misrepresentation of property or financial Status Lying about assets or liabilities to get credit/loan

Question 30

Failure to disclose

Answer 30

Fraud where defendant is under legal duty to disclose fact Ex. Defendant seller knows foundations of house are weakened by termites and must disclose this to buyer

Question 31

When a tort is a crime

Answer 31

Intentionally harm others

Question 32

Fraud and corporate governance

Answer 32

When publically traded companies distort their financial Statements it harms investors Investors pay higher prices for stock, that corporate officers Get out of

Question 33

Common law business torts: injurious falsehood AKA trade disparagement

Answer 33

Publication of untrue statements that disparate business Owner's product or it's quality In disparagement cases plaintiff must establish falsity of Defendant's statements and show actual damages arising From untrue statements

Question 34

Common law business torts: intentional interference with contractual relations

Answer 34

One company raids another for employees

Question 35

Negligence

Answer 35

Unreasonable behavior that causes injury

Question 36

5 elements of negligence

Answer 36

1 existence of duty of care owed by defendant to plaintiff 2 unreasonable behavior by defendant that breaches duty 3 causation in fact 4 proximate causation 5 an actual injury

Question 37

Duty, duty to take action

Answer 37

Critical element of negligence tort Special duty relationship of Owing person reasonable care Ex. Business renting surfboards at the beach would be liable for renting board to a customer who was attacked by a shark if it knew the shark was nearby and failed to warn the customer

Question 38

Malpractice

Answer 38

Negligence of professionals

Question 39

Willful and wanton negligence

Answer 39

Special type of aggravated negligence where defendant Shows extreme lack of due care Ex. Injuries inflicted by drunk drivers

Question 40

Cause in fact

Answer 40

In negligence suit the plaintiff must prove that the defendant Actually caused the injury

Question 41

Proximate cause AKA Legal cause

Answer 41

Proposition that those engaged in activity are legally liable Only for foreseeable risk that they cause Ex. BP promised to pay $20 billion but only paid 1/5th of it, claimants are having trouble showing that a falloff in business miles inland is directly caused by oil spill instead of poor business practice

Question 42

Affirmative defenses

Answer 42

Defendant must raise these defenses to take advantage Of them Must be raised in defenses to negligence

Question 43

2 principal defenses to an allegation of negligence

Answer 43

1 contributory negligence 2 assumption of risk

Question 44

Contributory negligence defense

Answer 44

``` Absolutely barred the plaintiff from recovery if plaintiff's Own fault (even slightly) contributed to injury ```

Question 45

Comparative responsibility AKA Comparative negligence AKA Comparative fault

Answer 45

Doesn't bar recovery Compares plaintiff's fault with defendant's and reduces The damage award proportionately

Question 46

Assumption-of risk defense

Answer 46

Arises from plaintiff's knowing and willing undertaking of Activity made dangerous from negligence of another Ex. Getting struck by hockey puck at hockey games, owners of hockey team have successfully used this defense

Question 47

Strict products liability

Answer 47

For commercial sale of defective products sold by retail, Whole sale or manufacturing seller Relates to unreasonably dangerous defect product that Causes injury Ex. Defective brakes, cause injury in car accident

Question 48

Strict products liability: 2 kinds of defects

Answer 48

1 production defects 2 design defects

Question 49

Production defects

Answer 49

Arise when products aren't manufactured to manufacturers Own standards Ex. Defective brakes on a new car, clam chowder where a diner found a condom

Question 50

Design defects

Answer 50

When product is manufactured to manufacturer's standards, | But product injures user due to its unsafe design

Question 51

State of the art

Answer 51

Prevailing industry standards at time of product manufacture

Question 52

Statute of repose

Answer 52

Period following product of sale after which plaintiffs would Lose their rights to bring suits to product-related injuries

Question 53

Ultra hazardous activity

Answer 53

Transporting and using explosives, poisons, keeping | Dangerous wild animals, keeping large volumes of liquids

Question 54

Dram shop acts

Answer 54

Injuries to third parties of business owners caused by | Intoxicated patrons

Question 55

Common carriers, transportation companies licensed to serve the public are also...

Answer 55

Strictly liable for damage to goods carried by them

Question 56

6 types Compensatory damages that follow for injury

Answer 56

``` 1 past and future medical expenses 2 past and future economic loss (including property damage Loss of earning power) 3 past and future pain and suffering 4 loss of limb 5 ruined marriage 6 mental distress ```

Question 57

Punitive damages AKA Exemplary damages

Answer 57

Arise from intentional torts or extreme willful and wanton negligence Motive must be malicious, fraudulent or evil