Ch. 6

Question 1

torts

Answer 1

wrongs and compensation

Question 2

tort action

Answer 2

one person brings a lawsuit against another person or group to obtain compensation or other relief for the harm suffered

Question 3

compensatory damages

Answer 3

intended to compensate or reimburse a plaintiff for actual losses, to put them in the same position they had been before the tort occurred

Question 4

special damages

Answer 4

compensate the plaintiff for monetary losses, such as medical expenses, lost wages and benefits, extra costs, the loss of irreplaceable items, or the cost of replacing or repairing damaged property

Question 5

general damages

Answer 5

compensate individuals for the non monetary aspects of the harm suffered, such as pain and suffering

Question 6

punitive damages

Answer 6

punish the wrongdoer and deter other from similar wrong doing. appropriate only when the defendants conduct was particularly egregious or reprehensible

Question 7

gross negligence

Answer 7

intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another

Question 8

tortfeasor

Answer 8

one committing the tort

Question 9

intentional tort

Answer 9

requires intent, the tortfeasor must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law doesn’t have to be evil or harmful

Question 10

assault

Answer 10

any intentional and unexcused threat of immediate harmful or offensive contact including words or acts that create in another person a reasonable apprehension of harmful contact

Question 11

battery

Answer 11

completion of an assault results in battery, an unexcused and harmful or offensive physical contact intentionally performed

Question 12

false imprisonment

Answer 12

the intentional confinement or restraint of another persons activities without justification, interferes with the freedom to move without restraint

Question 13

intentional infliction of emotional duress

Answer 13

an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

Question 14

actionable

Answer 14

capable as serving for the grounds of a lawsuit

Question 15

defamation

Answer 15

wrongfully hurting a persons good reputation (generally when a statement of fact is wrongfully made, not usually a statement of opinion)

Question 16

libel

Answer 16

written defamation

Question 17

slander

Answer 17

oral defamation

Question 18

the publication requirement

Answer 18

holds that for a statement to be defamation it must be published or announced to a third party, it cannot be a private letter. can be overheard or a letter to a secretary

Question 19

damages for libel

Answer 19

general damages will be presumed as a matter of law after the liability for the libel has been established

Question 20

damages for slander

Answer 20

the plaintiff must prove the slander with injury to establish the defendants liability

Question 21

“slander per se”

Answer 21

no proof of special damages is required for it to be actionable

Question 22

What are 4 examples of slander per se?

Answer 22

(1) a statement that another has a particular type of disease (2) that another has committed improprieties while engaging in a profession or trade (3) that another has committed or has been imprisoned for a serious crime (4) that a person is unchaste of has engaged in serious sexual misconduct (usually an unmarried woman)

Question 23

damages for defamation

Answer 23

if a statement can be proven true then there will be no compensation provided to the plaintiff

Question 24

privileged speech

Answer 24

immune to liability for defamatory speech. two types absolute and qualified

Question 25

absolute privilege

Answer 25

protected against liability because the people generally deal with matters that are so much in the public interest that the parties involved should be able to speak out fully and without restriction

Question 26

qualified (conditional) privilege

Answer 26

if the statements are made in good faith and the publication is limited to those that have a legitimate interest in the communication. the right to speak is equal in importance to the right not to be defamed

Question 27

actual malice

Answer 27

generally public figures are fair game and can be defamed unless actual malice, made with either knowledge of its falsity to a reckless disregard of the truth

Question 28

What are the 4 acts that qualify as invasion of privacy?

Answer 28

(1) appropriation of identity (2) intrusion into an individuals affairs or seclusion (3) false light (4) public disclosure of private facts

Question 29

appropriation of identity

Answer 29

using a persons picture or identity for public use without permission

Question 30

intrusion into an individuals affairs or seclusion

Answer 30

searching through someones home or things without permission

Question 31

false light

Answer 31

publication of info about a person in false light

Question 32

right of publicity as a property right

Answer 32

what some states know as appropriation. this aims to protect a persons financial right in the commercial exploitation of his or her identity

Question 33

What are the elements of fraudulent misrepresentation?

Answer 33

(1) misrep of material facts or conditions with knowledge that they are false or with reckless disregard for the truth (2) intent to induce another party to rely on the misrep (3) justifiable reliance on the misrepresentation by the deceived party (4) damages suffered as a result of that reliance (5) a casual connection between the misrepresentation and the injury suffered

Question 34

malicious prosecution

Answer 34

if a party that initiated a lawsuit did so out of malice and without probable cause and ended up losing the suit that party can be sued for malicious prosecution.

Question 35

abuse of process

Answer 35

can apply to any person using a legal process against another in an improper manner or to accomplish a purpose for which the process was not designed. does not require the plaintiff to prove malice or that the defendant (who was previously the plaintiff) lost in a prior legal proceeding

Question 36

business torts

Answer 36

only refer to wrongful interferences with the business rights of others

Question 37

What are the 3 elements necessary for a wrongful interference with a contractual relationship to occur?

Answer 37

(1) a valid, enforceable contract must exist between two parties (2) a third party must know that this contract exists (3) third party must intentionally induce a party to the contract to breach the contract

Question 38

trespass to land

Answer 38

entering onto land that is not yours without permission. must be est. trespassing (posted signs )

Question 39

trespass to personal property

Answer 39

whenever any individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owners possession and enjoyment of personal property

Question 40

conversion

Answer 40

a person wrongfully possesses or uses the personal property of another without permission

Question 41

disparagement of property

Answer 41

economically injurious falsehoods are made about another's product or property rather than about another's reputation (slander of quality, slander of title)

Question 42

slander of quality

Answer 42

the pub. of info. about another's product alleging that it is not what the seller claims it to be. must prove that this caused someone not to purchase the profit (lost profits)

Question 43

slander of title

Answer 43

pub. falsely denies or casts doubt on another's legal ownership of property resulting in financial loss to the property's owner