CH 6

Question 1

A legal claim, but not a contract claim, brought by a plaintiff against a defendant alleging that the defendant’s wrongful conduct has caused harm or injury to the plaintiff, for which the plaintiff seeks compensation or other relief.

Answer 1

Tort
(Legal term that encompasses a wide range of civil wrongs that result in harm or injury to another person or their property.

Question 2

The burden is on the plaintiff to demonstrate, by a PREPONDERANCE OF THE EVIDENCE, that all required elements of the tort have been met.

Answer 2

Burden of Proof
(If the plaintiff successfully proves all elements, the defendant MAY be held liable for the harm caused)

Question 3

What is the importance of damages?

Answer 3

In addition to proving the elements of the tort, the plaintiff must demonstrate the DAMAGES suffered as a result of the defendant’s actions.
(Damages may include physical injuries, emotional distress, property damage, or financial losses)

Question 4

Reimburse a plaintiff for his actual losses

Answer 4

Compensatory damages

Question 5

QUANTIFIABLE losses, such as medical expenses, lost wages, and benefits.

Answer 5

Special damages
(Compensatory damages)

Question 6

Damages awarded for NONMONETARY aspects, such as pain, suffering, and reputation.

Answer 6

General damages
(Compensatory damages)

Question 7

Damages awarded to PUNISH the wrongdoer and to deter others from similar conduct in the future. (Does not compensate the plaintiff)

Answer 7

Punitive damages

Question 8

Examples of Special Damages?

Answer 8

Medical bills, lost wages, damage to property, repair costs

Question 9

Examples of General Damages?

Answer 9

Physical and/or mental pain and suffering, loss of consortium (cannot have intimate relations with partner), disfigurement, loss of reputation

Question 10

Torts that are at fault PLUS INTENT

Answer 10

Intentional Torts
(Includes torts against both a person and/or a tort against property.

Question 11

Torts that are at fault WITHOUT INTENT TO HARM

Answer 11

Unintentional Torts
(Also includes torts against both a person and/or a tort against property.
(Negligence)

Question 12

*The defendant may be able to raise one or more legally recognized DEFENSES.
*A successful defense releases the defendant from partial or full liability for the tortious act.
*Available defenses vary depending on the tort involved.
*Think of a defense as a “trump” card.

Answer 12

The Basis of Torts Law: Defenses

Question 13

For an intentional tort to occur, the tortfeasor (the person committing tort) must possess the necessary ____.

Answer 13

INTENT.
(Intent can be established in different ways: Direct intent and substantial certainty)

Question 14

*The tortfeasor intended the SPECIFIC CONSEQUENCES of their actions.
*He acted with the purpose of causing harm or producing a certain outcome.

Answer 14

Direct Intent
(Not evil intent, but intended to commit act in question. Ex: Playing with a friend and your friend gets hurt. They didn’t intend to hurt you, but they did push you.)

Question 15

Even if the tortfeasor did not desire the specific outcome, he knew with _______ ________ that certain consequences would result from his actions.

Answer 15

Substantial Certainty

Question 16

Is the situation in which the tortfeasor intends to harm one person, BUT unintentionally harms another person instead of or as well.

Answer 16

Transferred Intent (Intentional Tort)
Ex: Prof. Schwartz wants to hit A with a ball. He throws the ball but misses and hits B instead.

Question 17

Assault is INTENTIONAL and does not require physical CONTACT.

Answer 17

Ex: A intentionally tries to hit B but misses. (Assault)

Question 18

Assault is the THREAT OF IMMEDIATE HARMFUL OR OFFENSIVE CONTACT

Answer 18

Ex: The threat of offensive contact (blowing a kiss) (assault).
Ex: A approaches B and threatens him. A did not touch or try to touch B. Given the tone and threat of violence, B feels scared. (assault)(threat is an assault by words).

Question 19

Assault is WORDS OR ACTS THAT CREATE A REASONABLY BELIEVABLE THREAT.

Answer 19

Ex: Threatening to send millions of robots to someone to hurt them (unreasonable) (not assault).

Question 20

Completion of an Assault.
*It is the unexcused and harmful OR offensive physical contact INTENTIONALLY performed.
*The contact can be made by the defendant or by some force set in motion by the defendant.

Answer 20

Battery

Question 21

Whether the contact is OFFENSIVE will be determined by both a ________ ________ and an _______ ______.

Answer 21

Subjective Standard and Objective standard.
*Is it in fact offensive to the plaintiff (subjective) AND would it be offensive to a reasonable person (objective).
Ex: If A kisses C. Everyone thinks it’s offensive. C does not think it’s offensive. (Not Battery).

Question 22

Defenses to Assault and Battery: ______ and ______.

Answer 22

Consent and self-defense

Question 23

If the plaintiff _______ to the act that led to the assault, this can be a valid defense.

Answer 23

Consent/Consented
Ex: Boxing

Question 24

If the defendant can prove that they were acting in ___________ and used REASONABLE FORCE to protect themselves from imminent harm, this can be a defense to a civil assault claim.

Answer 24

Self-Defense

Question 25

The intentional CONFINEMENT of another person or restraint of another person's activities without justification.

Answer 25

False Imprisonment *The confinement may occur by physical barriers, physical restraint, or threats of physical force. *Moral pressure is generally not enough. Ex: Blocking someone with your car from being able to drive away (false imprisonment) Ex: "If you leave, you're guilty" (not false imprisonment)

Question 26

An individual blocks all exits of a room, preventing another person from leaving during an argument. Is this false imprisonment?

Answer 26

Even if no physical force is used, the act of preventing the person from leaving can constitute false imprisonment.

Question 27

A police officer arrests and detains a person without probable cause or a warrant. Is this false imprisonment?

Answer 27

If the arrest is made without legal justification, it can be classified as false imprisonment.

Question 28

Suppose a shopkeeper stops a person whom the shopkeeper believes has shoplifted from leaving the store. Is this false imprisonment?

Answer 28

It depends.

Question 29

Most states allow a shopkeeper to detain a suspected shoplifter from leaving the store. What are these laws called?

Answer 29

These are called "Privilege to Detain" laws. *In other words, without the state law, the shopkeeper detaining the suspected shoplifter might be liable for false imprisonment. (It is a defense!)

Question 30

In most states, a shopkeeper may avoid liability for false imprisonment if:

Answer 30

1. He has REASONABLE SUSPICION that shoplifting actually occurred; *"Everyone knows that teenagers steal". (NOT reasonable). 2. He uses only REASONABLE FORCE to detain the shoplifter; AND 3. He detains the suspected shoplifter only for a REASONABLE TIME (generally, until the police arrive). *Immediately calling the cops, not 4 hours later.

Question 31

An intentional act that amounts to EXTREME AND OUTRAGEOUS CONDUCT resulting in SEVERE EMOTIONAL DISTRESS to another.

Answer 31

Infliction of Emotional Distress. *The act must be extreme and so outrageous that it exceeds the bounds of decency accepted by society in order to be ACTIONABLE.

Question 32

Elements of Infliction of Emotional Distress Cause of Action:

Answer 32

1. Defendant must have acted intentionally; 2. Defendant's conduct must be EXTREME AND OUTRAGEOUS; 3. The conducts must be the cause of the emotional distress; and 4. The emotional distress must be SEVERE.

Question 33

__________ involves wrongfully hurting another person's good reputation.

Answer 33

Defamation. *The law imposes a duty to refrain from making false defamatory STATEMENTS OF FACT about others. *Orally breaching this duty is SLANDER. *Breaching it in print or media (including the internet) is called LIBEL

Question 34

To establish defamation, ALL of the following elements must be proved:

Answer 34

1. The defendant made a FALSE statement of FACT (not opinion); 2. The statement was understood as being about the plaintiff AND tended to harm the plaintiff's reputation; *Must be specific to the plaintiff. Can't hint at it being the plaintiff. "A cheated on his wife" is specific. 3. The statement was PUBLISHED to at least one person other than the plaintiff; and *Someone else has to hear/read it. 4. If the plaintiff is a public figure, she or he must also prove actual malice. *Public figure = influencer, celebrity, gov figure, official, etc.

Question 35

________ __ _______ are protected under the First Amendment and not actionable.

Answer 35

Statements of opinions. *Defamation: The published statement must be of FACT. Ex: A says, "In my opinion, B cheated on his wife." (This is an opinion and is protected)

Question 36

The false statement must hold an individual up to hatred, contempt, or ridicule in the community and be "publicized" (communicated) TO A THIRD PARTY

Answer 36

Publication Requirement

Question 37

Damages for Libel

Answer 37

General damages are PRESUMED, and the plaintiff does not have to prove actual injury. *These damages may include compensation for disgrace, dishonor, humiliation, injury to reputation, and emotional distress.

Question 38

Damages for Slander:

Answer 38

Unlike libel, the plaintiff MUST prove SPECIAL DAMAGES (actual economic loss) to establish liability. *If the plaintiff cannot prove that the slanderous statement caused him to suffer ACTUAL ECONOMIC OR MONETARY LOSSES, then plaintiff cannot go forward and recover general damages.

Question 39

Exception: A plaintiff who is the victim of _______ ___ __ does not have to prove SPECIAL DAMAGES (actual economic loss) to establish liability.

Answer 39

Slander per se

Question 40

Four types of slander per se:

Answer 40

1. Statement that plaintiff has a LOATHSOME DISEASE (usually a sexually-transmitted disease) 2. Statement that plaintiff committed BUSINESS IMPROPRIETIES 3. Statement that plaintiff COMMITTED or has been IMPRISONED FOR A SERIOUS CRIME. 4. Statement that plaintiff has been UNCHASTE or has engaged in SERIOUS SEXUAL MISCONDUCT.

Question 41

Defenses to Defamation:

Answer 41

*TRUTH is generally an ABSOLUTE defense for defamation. *Privileged (or Immune) Speech. *Absolute privilege: Have the right to say it, even if false. (Ex: saying something under oath like in court) *Qualified privilege: Think employment setting. (Ex: performance evaluation. Only supervisors and HR know about it)