Chapter 5

Question 0

Tort Action

Answer 0

Is a civil action in which one person brings a personal suit against another, usually for damages.

Question 1

Tort

Answer 1

Consists of wrongful conduct by one person that causes injury to another.

Question 2

Punative damages

Answer 2

Are intended to punish the wrongdoer and deter others from similar wrongdoing.

Question 3

Special damages

Answer 3

Cover quantifiable losses (medical expenses, lost wages, irreplaceable items, damage to property)

Question 4

General damages

Answer 4

Are for non-monetary harm such as pain, suffering, loss of reputation, and impairment to physical or mental capacity.

Question 5

Assult

Answer 5

Is the intentional, unexcused threat of immediate harmful or offensive contact.

Question 6

Battery

Answer 6

This is the intentional and harmful or offensive physical contact. Physical injury need not occur.

Question 7

False inprisonment

Answer 7

The intentional confinement or restraint of another person without justification.

Question 8

Deffamation

Answer 8

Is wrongfully hurting another’s good reputation through false statements.

Question 9

Elements of fraud:

Answer 9

1) misrepresentation
2) intent
3) justifiable reliance
4) dmages
5) casual connection

Question 10

Conversion

Answer 10

Is the act of depriving an owner of personal property without permission and without just cause.

Question 11

Negligence

Answer 11

Is someones failure to live up to a required duty of care, causing another to suffer injury.

Question 12

Elements of negligence

Answer 12

1) duty of care
2) breach of duty of care
3) causation
4) damage or injury as a result of the breach.

Question 13

TRUE/FALSE

To commit an intentional tort, a person must intend the consequences of his own actions or know with substantial certainty that certain consequences will result.

Answer 13

True

Question 14

TRUE/FALSE

A reasonable apprehension or fear of harmful or offensive contact in the distant future is an assult.

Answer 14

False

Question 15

TRUE/FALSE

A defamatory statement must be communicated to a third party to be actionable.

Answer 15

True

Question 16

TRUE/FALSE

Puffery is fraud

Answer 16

False

Question 17

TRUE/FALSE

conversion is wrongfully taking or retaining an individuals personal property and placing it in the service of another

Answer 17

True

Question 18

TRUE/FALSE

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of duty of care.

Answer 18

False

Question 19

TRUE/FALSE

Strict liability is liability without fault

Answer 19

True

Question 20

TRUE/FALSE

Bona fide competitive behavior can constitute wrongful interference with a contractual relationship.

Answer 20

False

Question 21

TRUE/FALSE

An internet service provider is not normally liable for its users defamatory remarks

Answer 21

True

Question 22

TRUE/FALSE

Internet service providers are liable for the defamatory remarks of those who use their services.

Answer 22

False

Question 23

Driving a car negligently, rollo crashes into a utility pole. The pole falls smashing through the roof of a house, killing Skilly. But for rollos negligence, skilly would not have died. Regarding the death, the crash is the _____.

Answer 23

Cause in fact

Question 24

To protect its customers and other business invitees, quality mart must warn them of ____.

Answer 24

Hidden dangers

Question 25

Hector, an engineer, supervises the construction of a new house. When the house collapses due to faulty work, the injured parties sue hector. As a professional, hector is held to the same standard of care as ____.

Answer 25

Other professionals, including accountants, attorneys, and physicians.

Question 26

Dante sends a letter to ella in which he falsely accuses her of embezzling. This is defamation only if the letter is read by _____.

Answer 26

Any third person

Question 27

Nina is injured in a truck accident and sues Opal, alleging negligence. Opal claims that Nina was driving carelessly. Comparative negligence may reduce Nina's recovery ____.

Answer 27

Even if Nina was only slightly at fault

Question 28

Online company is an internet service provider. Ads unlimited spams OC Customers some of who cancel OC services. Ads unlimited is liable for _____.

Answer 28

Trespass to personal property

Question 29

Lonnie drives across myras land. This is trespass to land only if ____.

Answer 29

Lonnie does not have permission to drive on Myra's land.

Question 30

Pam believes that Quinn is about to hit her. To prevent harmful contact in this situation, Pam may use ____.

Answer 30

Force that is reasonably neccesary.

Question 31

Ricky accuses sarah of fraud. Normally, the reliance that gives rise to fraud is based on a statement of ____.

Answer 31

Fact

Question 32

Melvin, a wholesale dairy products salesperson, follows Nadine, another wholesale dairy products salesperson, as he contacts his customers. Melvin solicits each of Nadine's customers. Melvin is most likely liable for _____.

Answer 32

Wrongful interference with a business relationship.