Chapter6

Question 1

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

Answer 1

tort

Question 2

meant to reimburse the plaintiff for actual losses in an effort to make one whole again

Answer 2

compensatory damages

Question 3

type ot compensatory damage where the plaintiff is compensated for monetary losses ex. wages, medical expenses etc.

Answer 3

special damages

Question 4

type of compensatory damages that compensate individuals for pain and suffering

Answer 4

general damages

Question 5

damages that punish the wrongdoer

Answer 5

punitive damages

Question 6

intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another

Answer 6

Gross negligence

Question 7

What are the 3 types of reforms made to tort law

Answer 7

1. limiting the amount of punitive damages and general damages that can be awarded
2. capping the amount attorneys can take on contingency fees
3. requiring the losing party to pay both the plaintiff’s and defendant’s expenses

Question 8

lawsuit in which a large number of plaintiffs bring the suit as a group

Answer 8

class action

Question 9

tort where the tortfeasor must intend to commit an act the consequences of which interfere with another’s personal or business in a way not permitted by law

Answer 9

intentional tort

Question 10

the one committing the tort

Answer 10

tortfeasor

Question 11

defendant intends to harm one individual but unintentionally harms a second person

Answer 11

transferred intent

Question 12

is any intentional and unexcused threat of immediate harmful or offensive contact - words or acts that create a reasonably believable threat

Answer 12

assault

Question 13

an unexcused and harmful or offensive physical contact intentionally performed

Answer 13

battery

Question 14

the intentional confinement or restraint of another person’s activities without justification

Answer 14

false imprisionment

Question 15

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

Answer 15

intentional infliction of emotional distress

Question 16

capable of serving as the ground of a lawsuit

Answer 16

actionable

Question 17

wrongfully hurting a person’s good reputation

Answer 17

defamation

Question 18

making false defamatory statements of fact about others in writing or permanent form

Answer 18

lible

Question 19

making false defamatory statements of fact about others in an oral form

Answer 19

slander

Question 20

4 Requirements for proving defamation

Answer 20

1. defendant made a false statement of fact
2. the statement was understood as being about the plaintiff and tended to harm the plaintiff’s reputation
3. the statement was published to at least one person other than the plaintiff
4. if the plaintiff is a public figure he or she must prove actual malice

Question 21

what are the damages for libel

Answer 21

general damages

Question 22

what are the damages for slander

Answer 22

special damages to establish the defendants liability the statements caused them to suffer economic harm

Question 23

what are the 4 types of slander per se

Answer 23

1. statement that another has a particular type of disease
2. statement that another has committed improprieties while engaging in a profession or trade
3. statement that another has committed or has been imprisoned for a serious crime
4. A statement that a person is unchaste or has engaged in serious sexual misconduct

Question 24

a person will not be liable for defamatory statements because she or he enjoys a _____

Answer 24

privilege

Question 25

privilege held by judicial proceedings and certain government positions

Answer 25

absolute privilege

Question 26

type of privilege where if the statement is made in good faith and the publication is limited to those who have a legitimate interest then the statement is ok

Answer 26

qualified privilege

Question 27

false and defamatory statements are fair game on this group of people unless they show actual malice

Answer 27

public figures

Question 28

means with either knowledge of its falsity or reckless disregard of the truth

Answer 28

actual malice

Question 29

type of invasion of privacy where someone's home or property is invaded or searched

Answer 29

Intrusion into an individuals affairs or seclusion

Question 30

events or publications that attributes ideas and opinions not held by that person

Answer 30

false light

Question 31

type of invasion of privacy where a person's personal information is released to the publice

Answer 31

Public disclosure of private facts

Question 32

invasion of privacy where a person's name, picture, likeness etc. are used without their permission

Answer 32

Appropriation of identity

Question 33

involves the intentional deciet for personal gain

Answer 33

fraudulent misrepresentation

Question 34

5 parts of fraudulent misrepresentation

Answer 34

1. a misrepresentation of material facts or conditions with knowledge that they are false or with reckless disregard for the truth 2. an intent to induce another party to rely on the misrepresentation 3. a justifiable reliance on the misrepresentation by the deceived party 4. damages suffered as a result of that reliance 5. a causal connection between the misrepresentation and the injury suffered

Question 35

another name for sellers talk

Answer 35

puffery

Question 36

the party that initiated a lawsuit did so out of malice and without a legitimate legal reason and ended up loosing the suit this is called

Answer 36

malicious prosecution

Question 37

can apply to any person using a legal process against another in an improper manner to accomplish a purpose for which the process was not designed

Answer 37

Abuse of process

Question 38

3 parts to wrongful interference with a contractual relationship

Answer 38

1. a valid enforceable contract must exist between the two parties 2. a third party must know that this contract exists 3. This third party must intentionally induce a party to the contract to breach the contract

Question 39

actions undertaken with the intention of unlawfully driving competitors completely out of the market

Answer 39

predatory behavior

Question 40

Trespassing on land occurs when a person without permission does any of the following

Answer 40

1. Enters onto above or below the surface of land that is owned by another 2. Causes anything to enter onto land owned by another 3. Remains on land owned by another or permits anything to remain on it

Question 41

land owner may have a responsibility to protect trespassers from entering their property if their is something to entice children to go there for example

Answer 41

Attractive nuisance