Chapter 6

Question 1

Tort

Answer 1

civil wrong not arising from a breach of contract. a breach of legal duty that proximately causes harm or injury to another.

Question 2

Tort Law is designed…

Answer 2

designed to compensate those who have suffered a loss or injury due to another person’s wrongful act.

Question 3

Purpose of Tort Law

Answer 3

To prove remedies for the violation of various protected interests. Remedies for acts that cause physical injury or that interfere with physical security and freedom of movement.

Question 4

Damages Available in Tort Actions

Answer 4

1. Compensatory Damages
2. Special Damages
3. General Damages
4. Punitive Damages

Question 5

Legislative Caps on Damages

Answer 5

 some state law limits on amount of damages (punitive and general)

Question 6

Compensatory Damages

Answer 6

compensate/reimburse the plaintiff for actual losses.

Question 7

Special Damages

Answer 7

compensate the plaintiff for quantifiable monetary losses such as medical expenses and lost wages and benefits (now and future).

Question 8

General Damages

Answer 8

compensate individuals (not companies) for nonmonetary aspects of the harm suffered, such as pain and suffering

Question 9

Punitive Damages

Answer 9

punish the wrongdoers and deter others from similiar actions. RARE. Approriate when actions are ergious (outrageous) or reprehensible (shameful)

• Intentional tort action
• Gross negligence

Question 10

Classification of Torts

Answer 10

(depends largely on how the tort occurs and surrounding circumstances)

Intentional torts- wrongful actions knowingly committed

Unintentional torts- torts involving negligence

Question 11

Tortfeasor

Answer 11

one who commits a tort

Question 12

Transferred Intent

Answer 12

legal principle under which a person who intends to harm one individual, but unintentionally harms a different person, can be liable to that second person.

Question 13

Torts Against Persons

Answer 13

1. Assault
2. Battery
3. False Imprisonment
4. Intentional Infliction of Emotional Distress
5. Defamation
6. Invasion of Privacy Rights
7. Fraudulent Misrepresentation

Question 14

Libel

Answer 14

writing or other permanent form (digital recording)

Question 15

Slander

Answer 15

defamation orally

Question 16

Establishment of Defamation

Answer 16

Defendant made a false statement of fact

Statement was understood about plaintiff and tended to harm the plaintiff’s reputation

Statement was published to at least one person other than the plaintiff

If plaintiff is a public figure, they must also prove actual malice

Question 17

Slander Per Se

Answer 17

actionable with no proof of special damages required

1. Stmt that one has loathsome disease (STI)
2. Stmt that other has committed improprieties while engaging in profession or trade
3. Stmt that one has committed/imprisoned for serious crime
4. Stmt that one is unchaste, engaged in serious sexual misconduct (usually women)

Question 18

Privileged Communications

Answer 18

Absolute- judicial proceedings and certain government proceedings (attorneys/judges)

Qualified (conditioned) employer’s statements in written evaluations of its employees

Question 19

Fraudulent Misrepresentation

Answer 19

involves intentional deceit for personal gain

Question 20

Puffery

Answer 20

sellers’ talk aka fraud occurrence

Question 21

Abusive/Frivolous Litigation

Answer 21

Wrongful use of subpoenas, court orders to attach/seize real property, etc

Question 22

Business Torts

Answer 22

involve wrongful interference with another’s business rights

Question 23

Intentional Torts Against Property

Answer 23

1. Trespass to land
2. Trespass to personal property
3. Conversion
4. Disparagement of property

Question 24

Negligence

Answer 24

occurs when someone suffers injury because of another’s failure to live up to a required duty of care

Question 25

Requirements for Proving Negligence

Answer 25

1. Duty 2. Breach 3. Causation 4. Damages

Question 26

Duty To Care

Answer 26

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the “reasonable person standard,” constitutes the tort of negligence.

Question 27

Reasonable Person Standard

Answer 27

the standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measured and that must be observed to avoid liability for negligence.

Question 28

Malpractice

Answer 28

essentially professional negligence

Question 29

Causation in Fact

Answer 29

An act or omission without (“but for”) which an event would not have occurred.

Question 30

Proximate Cause

Answer 30

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability

Question 31

Good Samaritan Statute

Answer 31

state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence

Question 32

Dram Shop Acts

Answer 32

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

Question 33

Defenses to Negligence

Answer 33

1. Assumption of Risk 2. Superseding Cause 3. Contributory Negligence 4. Comparative Negligence

Question 34

Superseding Cause

Answer 34

An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.

Question 35

Contributory Negligence

Answer 35

A theory in tort law under which a complaining party’s own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.

Question 36

Comparative Negligence

Answer 36

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each person’s proportionate negligence.

Question 37

Actionable

Answer 37

capable of serving as the basis of a lawsuit