Chapter 4: Torts and Cyber Torts

Question 1

A private, civil legal action to obtain monetary damages from a legal injury, person, or property

Answer 1

Tort

Question 2

A wrongful act, other than a breach of contract, that results in harm or injury to another and leads to civil liability

Answer 2

Tort

Question 3

Provide remedies for invasion or violation of protected interests

Answer 3

Purpose of Tort Law

Question 4

Society recognizes an interest in these

Answer 4

Personal physical safety
Protecting real and personal property
Protecting certain intangible interests

Question 5

Actual losses

These put the plaintiff in the position he/she would have been had the tort not occurred

Answer 5

Compensatory Damages

Question 6

Quantifiable, such as lost wages, medical bills

Answer 6

Special Damages

Question 7

Nonmonetary losses such as pain and suffering

Answer 7

General Damages

Question 8

Punishes the wrongdoer, typically only available in intentional torts

Answer 8

Punitive Damages

Question 9

Intended to limit damages available in tort cases

Answer 9

Tort Reform

Question 10

Classification of torts

Answer 10

Intentional torts
Unintentional Torts
Strict Liability

Question 11

The plaintiff must only prove that the defendant intended the consequences of his action and knew with substantial certainty that consequences would result from the act

Answer 11

Intentional Torts

Question 12

The reasonable apprehension or fear of immediate contact

Answer 12

Assault

Question 13

Completion of the assault

Answer 13

Battery

Question 14

In Md, these two have been merged into one crime

Answer 14

Assault and Battery

Question 15

The injured party

Answer 15

Plaintiff

Question 16

The defendant

Answer 16

Tortfeasor

Question 17

Confinement or restraint of another person’s activities without justification

Answer 17

False Imprisonment

Question 18

Merchants can detain a suspected shoplifter as long as there is this

Answer 18

Probable Cause

Question 19

Extreme and outrageous conduct

Answer 19

Intentional infliction of emotional distress

Question 20

Publication of a false statement, oral or written, that injuries a person’s good reputation

Answer 20

Defamation

Question 21

Oral Defamation is

Answer 21

Slander

Question 22

Written Defamation is

Answer 22

Libel

Question 23

This is required for a defamation case

Answer 23

Statement of fact

Question 24

Why is fact required over opinion?

Answer 24

Opinions are free speech and generally actionable

Question 25

The publication requirement for defamation requires that a

Answer 25

third party must hear or see the statement

Question 26

Damages for libel is presumed as a matter of law, meaning that

Answer 26

a plaintiff need not prove they were injured because libel is permanent and continues to cause harm after the statement is made

Question 27

Damages for slander

Answer 27

The Plaintiff must prove special damages because slander is temporary

Question 28

Statements regarding loathsome disease, professional improprieties, serious crimes, or being unchaste

Answer 28

Slander per se

Question 29

Defenses against Defamation

Answer 29

Truth is an absolute defense Statement was privileged Public figures

Question 30

A person has the right to solitude, and the breach of that duty is a tort

Answer 30

Invasion of the right to privacy

Question 31

Use of another person's name, likeness, or other identifying characteristic, without permission, with benefit to user

Answer 31

Appropriation

Question 32

Intentional deception of another that causes belief in a condition that is different from the condition that already exists

Answer 32

Fraudulent Mistrepresentation

Question 33

Elements included in fraudulent misrepresentation

Answer 33

``` Knowing misrepresentation of fact Intent to induce innocent party to rely Justifiable reliance by innocent party Damages Causal Connection ```

Question 34

Unknowingly making a false statement, typically occurs when person owes a duty to another to give correct information

Answer 34

Negligent Misrepresentation

Question 35

Valid, enforceable contract exists between two parties, a third party knows about the contract, and the third party intentionally causes either party to breach the original contract

Answer 35

Wrongful interference with contractual relationship

Question 36

Occurs when a person, without permission, enters onto, above, or below surface of land owned by another; actual harm to the land is not required

Answer 36

Trespass to Land

Question 37

Criteria, Rights, and Duties for trespass to land

Answer 37

Posted trespass signs Guest who refuses to leave or intruders Reasonable duty of care

Question 38

Wrongfully taking or harm or interference with exclusive right of use of personal property of another

Answer 38

Trespass to personal property

Question 39

Wrongfully taking or retaining possession of personal property and placing in service of another

Answer 39

Conversion

Question 40

Occurs when economically injurious falsehoods are made about another's property or product

Answer 40

Disparagement of Property

Question 41

False statement about another's product that caused a third party to refrain from dealing with plaintiff, causing financial loss

Answer 41

Slander of Quality

Question 42

False statement about legal ownership of another's product resulting in financial loss

Answer 42

Slander of Title

Question 43

A tort of negligence occurs when plaintiff is legally injured due to defendant's failure to live up to a required duty of care causing foreseeable risk of injury

Answer 43

Unintentional Torts | Negligence

Question 44

Negligence analysis

Answer 44

Did the defendant owe the plaintiff a legal duty of care Did the defendant breach that duty Did the plaintiff suffer a legal injury Did the defendant's breach of duty cause the plaintiff's injury

Question 45

How would a reasonable person have acted under the circumstances?

Answer 45

Reasonable person standard

Question 46

Duty is based on this

Answer 46

Reasonable person standard

Question 47

"but for" defendant's act injury would not have occurred

Answer 47

Causation in fact

Question 48

Defendant's act created a foreseeable risk of injury to plaintiff

Answer 48

Proximate Cause

Question 49

The plaintiff must show they suffered loss or harm to

Answer 49

legally protected interest

Question 50

A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

Answer 50

Assumption of risk

Question 51

The event must be foreseeable

Answer 51

Superseding Cause

Question 52

A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault Standard in MD

Answer 52

Contributory Negligence

Question 53

An action or failure to act in violation of a statutory requirement

Answer 53

Negligence per se

Question 54

Does not require fault, intent or breach of duty

Answer 54

Strict Liability

Question 55

Usually involves abnormally dangerous activities and risk cannot be prevented

Answer 55

Strict Liability

Question 56

Manufacturers and sellers of harmful or defective products

Answer 56

Product Liability