Chapter 6 - Intentional Torts

Question 0

Actual malice

Answer 0

To be made with actual malice, a statement must be made with either knowledge of it’s falsity or a reckless disregard of the truth

Question 1

Actionable

Answer 1

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

Question 2

Appropriation

Answer 2

The use of another persons name likeness or other identifying characteristic without permission and for the benefit of the user

Question 3

Assault

Answer 3

Any intentional unexcused at that creates in another person a reasonable apprehension of immediate harmful or offensive contact is an assault.

Question 4

Battery

Answer 4

The completion of the act that cause the apprehension if it results in harm to the plaintiff is a battery which is defined as an unexcused and harmful or offensive physical contact intentionally perform.

Question 5

Business tort

Answer 5

Apply only to wrongful interfaces with the business rights of others

Question 6

Compensatory Damages

Answer 6

Are intended to compensate or reimbursed a plaintiff for actual losses– to make the plaintiff whole and put her or him in the same position she or he would have been had the tort not occurred.

Question 7

Conversation

Answer 7

Permanently depriving a person from their property

Question 8

Cyber tort

Answer 8

Torts committed via the Internet

Question 9

Defamation

Answer 9

Involves wrongfully hurting a person’s good reputation

Question 10

Disparagement of property

Answer 10

Occurs when economically injurious falsehoods are made about another’s product or property rather than about another’s reputation

Question 11

Fraudulent Misrepresentation

Answer 11

Involves intentional deceit for personal gain

Question 12

Intentional tort

Answer 12

As the term implies requires intent

Question 13

Libel

Answer 13

Breaching this duty in writing or other permanent form such as an electronic recording involves the tort of libel.

Question 14

Privilege

Answer 14

In some circumstances a person will not be liable for defamatory statements because she or he enjoys a privilege

Question 15

Puffery

Answer 15

Sellers talk “lying” when one knows the truth

Question 16

Punitive damages

Answer 16

Damages

Question 17

Slander

Answer 17

Breaching this duty early involves the tort of slander

Question 18

Slander of Quality

Answer 18

Pushing false information about another’s product alleging it is not what it’s seller claims

Question 19

Slander of title

Answer 19

When a publication falsely denies or casts doubt on another’s legal ownership of property resulting in financial loss to the properties owner

Question 20

Spam

Answer 20

Bulk, unsolicited email sent to all the users on a particular emailing list

Question 21

Tort

Answer 21

Any time one party’s allegedly wrongful conduct causes injury to another, an action may arise under the law of torts

Question 22

Tortfeasor

Answer 22

The one committing the tort

Question 23

Trade libel

Answer 23

Publishing false information about another’s product alleging it is not what it seller claims

Question 24

Trespass to land

Answer 24

Occurs anytime a person without permission enters onto above or below the surface of land that is owned by another

Question 25

Trespass to personal property

Answer 25

Whenever any individual without consent takes or harms the personal property of another