Chapter 2

Question 1

What is a tort?

Answer 1

Any harm or injury caused by one person to another for which the law provides a remedy.

Question 2

What is a tortfeasor?

Answer 2

The one who has committed a tort.

Question 3

What is the diference between a tort and a crime?

Answer 3

Tort is private law. Crime is criminal law. Tort remedy is cash, crime remedy is punishment.

Question 4

What is the difference between a tort and a contract?

Answer 4

Tort is imposed by law where a contract is voluntary.

Question 5

What is strict liability?

Answer 5

Person was the direct physical cause of injury.

Question 6

Who has the burden of proof in a tort? What is the percentage they must prove?

Answer 6

Plaintiff must prove that there was a better than 50 percent chance the plaintiff was harmed by the defendant.

Question 7

What is a vicarious liability?

Answer 7

Arises because of a relationship with the person who actually committed a wrong.

Question 8

What is joint tortfeasors?

Answer 8

When there is more than one defendant involved to blame for the harm.

Question 9

When is an employer liable due to vicarious liability? Who can be sued?

Answer 9

When a tort is committed by someone who is an employee, paid wages, and employer controls their action. Employer and employee can both be sued.

Question 10

What percentage can a plaintiff recover when there are more than one tortfeasor?

Answer 10

Can get up to 100% from any of them.

Question 11

What is duty to defend?

Answer 11

When an insurance company pays expenses for a lawsuit.

Question 12

What is the detterence function? How does this create a problem with insurance companies?

Answer 12

Deterrence function is to deter people from acting wrongly. Problem with insurance companies as the insurance company covers the damages.

Question 13

What is contributory negligence?

Answer 13

Only involved in a part of the tort.

Question 14

What are the are some defences to a tort?

Answer 14

Contributory negligence
Consent
Vicarious liability

Question 15

What are 3 remedies under tort law?

Answer 15

Lack of causation
Too remote
Failure to mitigate by plaintiff
Compensatory damage
Nominal damages
Injuction

Question 16

What is classified as a strict liability tort?

Answer 16

Does something wrong without intending to and without acting carelessly.

Question 17

Which type of tort is usually accompanied with a criminal charge?

Answer 17

Intentional torts such as assault, false imprisonment, defamation.

Question 18

Which tort is not particular to a geographic area?

Answer 18

Internet defamation

Question 19

What is misappropriation of personality?

Answer 19

Unauthorized use of someone’s image to sell products

Question 20

What are the four types of business torts?

Answer 20

Conspiracy
Intimidation
Inference with contractual relations
Unlawful interference with economic relations

Question 21

What are the elements to prove negligence

Answer 21

Defendant owed a duty of care
Defendant berached a standard of care
Breach caused harm or loss

Question 22

What is the all or nothing approach in a breach that caused harm?

Answer 22

Plaintiff must prove 51 percent chance that the defedant’s negligence caused the injury resulting in being awarded all of the damages.

Question 23

What will automatically exonerate the defendant?

Answer 23

If the plaintiff’s tort was while they were performing an illegal activity.

Question 24

What is Res Ipsa Loquitur?

What does it imply?

Answer 24

“the facts speak for themseles”

If a product was defective then there was negligence in the production stage.

Question 25

What is the standard of care in regards to professionals?

Answer 25

Live by the standards of their professional teaching. Standard of care based on the information reasonably available to the defendant in foresight. Professionals are liable for negliget misrepresentation.

Question 26

What is the defence of qualified priviledge in a defamation case?

Answer 26

When the statement made was in the course of duty with the belief that it was true, and communicated to only those who needed to know.

Question 27

What is constituted when you convince a supplier to run out of inventory to not meet the needs of another business?

Answer 27

Interference with contractual relations

Question 28

Under the law, what is a reasonable person considered to be?

Answer 28

Average intelligence who will prudently exercise reasonable care considering all circumstances.

Question 29

When might a loss be deemed to be too remote?

Answer 29

When too much time has past since the action and the injury.

Question 30

What is the thin skull theory?

Answer 30

People who are more vulnerable to losses are still entitled to damages as long as a normal person would have suffered those damages.

Question 31

What must be proven in a strict liability tort?

Answer 31

That the specific act occurred.