Chapter Seven

Question 1

Restatement of the Law of Torts, Second

Answer 1

an authoritative secondary source, written by a group of legal scholars, summarizing the existing common law, as well as suggesting what the law should be

Question 2

Assault

Answer 2

an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact

Question 3

Battery

Answer 3

an intentional act that creates a harmful or offensive physical contact

Question 4

Transferred intent

Answer 4

a legal fiction that if a person directs a tortious action toward A but instead harms B, the intent to act against A is transferred to B

Question 5

False imprisonment

Answer 5

occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will

Question 6

Defamation

Answer 6

spreading rumors to ruin a person’s reputation

Question 7

Slander

Answer 7

spoke defamation

Question 8

Libel

Answer 8

written defamation

Question 9

Defamation per se

Answer 9

remarks considered to be so harmful that they are automatically viewed as defamatory

Question 10

Malice

Answer 10

making a defamatory remark either knowing the material was false or acting with a reckless disregard for whether or not it was true

Question 11

Invasion of privacy

Answer 11

an intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light

Question 12

Disclosure

Answer 12

the intentional publication of embarrassing private affairs

Question 13

Intrusion

Answer 13

the intentional unjustified encroachment into another person’s private activities (neighbor eavesdropping)

Question 14

Misfeasance

Answer 14

acting in an improper or a wrongful way

Question 15

Nonfeasance

Answer 15

failing to act

Question 16

Res ipsa loquitor

Answer 16

the thing speaks for itself, the doctrine that suggests negligence can be presented if an event happens that would not ordinarily happen unless someone was negligent

Question 17

Actual cause

Answer 17

also known as cause in fact, this is measured by the “but for” standards: but for the defendant’s actions, the plaintiff would not have been injured

Question 18

Market share theory

Answer 18

a legal theory that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown

Question 19

Proximate cause

Answer 19

once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability

Question 20

Contributory negligence

Answer 20

negligence by the plaintiff that contributed to his or her injury
acts as a complete bar to a plaintiff’s recovery

Question 21

Comparative negligence

Answer 21

a method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate decrease in the compensation for the injuries

Question 22

Assumption of the risk

Answer 22

voluntarily and knowingly subjecting oneself to danger

Question 23

Exculpatory clause

Answer 23

a provision that purports to waive liability

Question 24

Recklessness

Answer 24

disregarding a substantial and unjustifiable risk that harm will result (gross negligence)

Question 25

Strict liability

Answer 25

liability without having to prove fault | sellers are liable for their consumers harm

Question 26

Ultrahazardous activities

Answer 26

those activities that have an inherent risk of injury and therefore may result in strict liability

Question 27

Products liability

Answer 27

the theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous

Question 28

Product misuse

Answer 28

when the product was not being used for its intended purpose or was being used in a dangerous matter; it is a defense to a products liability claim so long as the misuse was not foreseeable

Question 29

Torts

Answer 29

private wrong or property is harmed because of another's failure to carry out a legal duty

Question 30

When does a tort law apply?

Answer 30

when someone injures you slanders your reputation damages your property

Question 31

Private Wrong vs Public Wrong (criminal act)

Answer 31

Individual must pursue tort action Result damages awarded Same set of facts tort action and criminal action

Question 32

Tort Action vs Contract Action

Answer 32

Tort actions: legal duties are established by the courts | Contract actions: based on legal duties the parties established in their contract

Question 33

Remedy for contract

Answer 33

give the injured party the benefit of a bargain

Question 34

Remedy for tort

Answer 34

compensate the plaintiff for any losses suffered

Question 35

Three types of torts

Answer 35

Intentional acts Negligence Strict liability

Question 36

Defense of assault and battery

Answer 36

``` plaintiff must prove each element if tort defendant can claim 1. consent 2. self defense 3. defense of others 4. defense of property ```

Question 37

Elements of false imprisonment

Answer 37

Intentional act Caused confinement/restraint Through force or threat of force

Question 38

Defenses to false imprisonment

Answer 38

Defendant justified in detaining plaintiff by probable cause, reasonable time and reasonable manner

Question 39

Elements of defamation

Answer 39

publication false statements cause harm to reputation (defamation per se)

Question 40

Defense of defamation

Answer 40

truth some situations where publication of false statement privileged statements published on internet cannot sue the website, only the person who posted it

Question 41

Appropriation

Answer 41

unauthorized exploitative use of one's personality, name or picture for the defendant's benefit

Question 42

False light

Answer 42

use of picture or some other means to infer a connection between the person and an idea or a statement for which the individual is not responsible

Question 43

Intentional infliction of emotional distress

Answer 43

``` the tort of outrage severe restrictions 1. an intentional act 2. extreme and outrageous 3. and causes 4. severe emotional stress (result in physical injury) ```

Question 44

Elements of tort law (negligence)

Answer 44

duty breach of duty causation injury

Question 45

Harm to a person's property

Answer 45

1. trespass to land 2. trespass to personal property and conversion 3. defenses to torts against property

Question 46

Trespass to land elements

Answer 46

someone enters or causes something to enter or remain one the land of another without permission

Question 47

Trespass to personal property and conversion

Answer 47

someone harms or interferes with the owner's exclusive possession of the property but has no intention of keeping the property

Question 48

Defenses to torts against property

Answer 48

private necessity public necessity retaining someone else's property

Question 49

False arrests

Answer 49

arrested with or without probable cause and not special circumstances

Question 50

Malicious prosecution

Answer 50

improper use of courts/legal proceedings

Question 51

Fraud

Answer 51

intentional misrepresentation

Question 52

Interference with a contractual relationships

Answer 52

interfering with performance of a contract

Question 53

Duty

Answer 53

due care how a reasonably prudent person would act in the same situation duty should be consistent training, age, physical misfeasance vs nonfeasance

Question 54

Breach

Answer 54

how a reasonable person would have acted res ipsa loquitor injury under the defendant's exclusive control

Question 55

Cause

Answer 55

``` but for standard sometimes more than one cause substantial factor Market share theory Proximate cause Intervening cause Superseding cause ```

Question 56

Intervening cause

Answer 56

another factor intervenes that contributes to the plaintiff's injury

Question 57

Superseding cause

Answer 57

intervening cause makes defendant's negligence no longer makes them liable

Question 58

Defenses to negligence

Answer 58

Contributory negligence Comparative negligence Assumption of risk Exculpatory clause

Question 59

Harm of negligence

Answer 59

compensate plaintiff for any harm | emotional distress in zone of danger

Question 60

What is comparative negligence measured in?

Answer 60

percents and damages disturbed proportionally

Question 61

FTCA

Answer 61

can sue gov for harm caused by gov employees negligence

Question 62

Strict liability elements

Answer 62

Ultra hazardous activities Products liability Defense to strict liability torts Product misuse

Question 63

New torts

Answer 63

Wrongful life Battered spouse syndrome Drug dealer liability act

Question 64

Remedies

Answer 64

``` Injunction Compensatory damages Special damages General damages Punitive damages Nominal damages ```

Question 65

Martha and Pat were at a baseball game. Both had attended games before and were aware that sometimes flyballs went into the bleachers. At the bottom of the 9th, a fly ball hit Martha in the head. Martha sue the baseball team for negligence. She has since fully recovered from her injury.

Answer 65

Martha will probably lose her suit because she assumed the risk of injury

Question 66

A three year old child opened a stove door in order to step on it in an attempt to reach a shelf located above the stove. If the child's parents were to sue the manufacturer using strict liability as the basis for their lawsuit

Answer 66

they would most likely win. Even though a stove is not meant to be used as a stepping stool, such misuse was foreseeable and could have been avoided by a different design

Question 67

Ralph watches in horror as Jim points a gun at Ralph. Jim aims and fires a bullet that goes through Ralph's shirt sleeve, barely missing his arm.

Answer 67

Both an assault and a battery have been committed

Question 68

Typically, a statute providing a shopkeeper with a defense to false imprisonment requires that the detention

Answer 68

be for only a reasonable time. be based on probable cause to believe the detainee was shoplifting. be for only a reasonable manner

Question 69

A movie star sued a tabloid newspaper for statements it made regarding her abuse of drugs. The story was not true, having been invented by the editors to sell newspapers. Assume the movie star lost several employment opportunities because of the story and she decided to sue.

Answer 69

It is likely she could win a libel suit because the statement was false and it was printed with malice.

Question 70

Barney was sitting peacefully in a bar, sipping his drink. Suddenly a fight broke out between two other patrons and one of them threw a bar stool. The stool missed its target, hitting Barney across the back of his head, knocking him unconscious.

Answer 70

This is an example of both a tort and a crime.

Question 71

Matt lost his Introduction to Law text, so he "borrowed" Sam's copy without first asking Sam's permission. After using it to study for the exam, he gave it back to Sam. This is an example of

Answer 71

trespass to personal property

Question 72

For which of the following, will the court be most likely to find that the defendant engaged in reckless behavior?

Answer 72

A golfer sees that there is a person standing where he is planning on hitting his ball. He yells a warning, but before the other person can move, he takes his shot and the ball hits the other player.This answer is correct.

Question 73

A man is injured through a motorcyclist's negligent driving. The injured man is taken to the hospital, and his injuries are made worse through a doctor's malpractice.

Answer 73

The motorcyclist will be responsible for all of the injuries, including those that were made worse by the doctor's malpractice

Question 74

Your boss has asked you to research a client’s situation involving tort law. You would look at all of the following resources, except

Answer 74

the United States Constitution

Question 75

Jill and Samantha were arguing. Soon Jill lost her patience, and in an effort to make Samantha pay attention to what she was saying, she punched her lightly in the arm. Unbeknownst to Jill, Samantha had recently undergone surgery on her arm, and the light punch ruptured her sutures, causing her a great deal of pain.

Answer 75

Jill will be liable to Samantha for her medical bills and pain and suffering because she intentionally hit Samantha on the arm

Question 76

The legal duty you owe is influenced by

Answer 76

your age and experience | your relationship with the person harmed.

Question 77

The "guideposts" the Court developed to analyze the appropriateness of the size of a punitive award, include all the following except

Answer 77

whether the lawsuit is based on personal injury or property damage

Question 78

Assume John swung his fist, meaning to hit Bill. However, Bill moved aside and John hit Sara instead.

Answer 78

John is liable to Sara for battery under the theory of transferred intent.