Chpt 4 & 5

Question 1

What is assault and battery?

Answer 1

Assault: a threat of violence or injury to a person.

Battery: the unlawful touching or striking of another person.

Question 2

What are the 3 types of intentional interference?

Answer 2

• Assault
• Battery
• False imprisonment

Question 3

Tort Law vs. Criminal Law

Answer 3

Tort law deals with civil wrongs (against individuals) that cause harm, allowing individuals to seek compensation, while criminal law addresses offenses against society, leading to state-imposed penalties

Question 4

When is application by force considered battery?

Answer 4

• Intentional meant to cause harm
• If no harm caused, done without consent or in anger

Question 5

What is forcible confinement?

Answer 5

Confinement against a person’s will.

Question 6

What is defamation?

Answer 6

false statements that injure a person’s reputation.

Question 7

What are the two forms of defamation?

Answer 7

Libel: Defamation in some permanent form, such as in writing, a recorded interview

Slander: Defamatory statements or gestures.

Question 8

What is trespass?

Answer 8

An unjustified or unlawful interference with another’s property or person. It’s a civil wrong, meaning a person can be sued for the act, and can be broadly categorized into trespass to land (without consent, can be with things too), trespass to chattels (personal property) (breaking into a car), and trespass to the person.

Question 9

What is conversion?

Answer 9

Taking someone’s goods or willfully refusing to give them back up to them

Question 10

What is willful damage?

Answer 10

Involves intentional damage to
the goods while they are in the possession of owner

Question 11

What is slander of goods?

Answer 11

Statement alleging that the goods of a competitor are defective or bad (must be false)

Question 12

What is injurious falsehood?

Answer 12

False statements about a firm, its products or business practices
 Intended to dissuade others from doing business with the firm
Wider scope than slander of goods

Question 13

What is slander of title?

Answer 13

Untrue statement about the right of another to the ownership of goods, that a competitor has improperly acquired the goods put up for sale

Question 14

What is a breach of confidence?

Answer 14

Improper dealings with a competitor’s employees (offering money for trade secrets)

Question 15

What is intentional interference with economic relations?

Answer 15

Inducing breach of contract (convincing another company’s employee to break their contract)

Question 16

What is restraint of trade?

Answer 16

agreement between firms
to fix prices, injure competitions or prevent others from entering a market

Question 17

What is deceit?

Answer 17

Arises when a party suffers damage by acting upon a false representation made by a party
to deceive the other
 Material in nature (contribution to an injury or harm that is significant)
 Made with intention of deceiving
 Other party relied upon the misrepresentation

Question 18

What is fraudulent conversion?

Answer 18

Obtaining goods under false pretenses (differs from theft because goods voluntarily delivered by owner to the person who obtains them through fraud)

Question 19

What are unfair business practices?

Answer 19

Business practices designed to take advantage of consumer ignorance or inexperience

Question 20

What are the 3 requirements in neglience?

Answer 20

1. Someone owes a duty not to injure
2. There is an act or omission in breach of that duty
3. An injury is suffered as a reasonably foreseeable result of that breach

Question 21

Duty of care/not to injure

Answer 21

 Includes acts or omissions, which, despite lack of intention, have fallen below acceptable standards and caused harm to another person

 Duty may be owed to an easily defined person or to whole class of unknown people

Question 22

What is the standard of care for duty of care?

Answer 22

A “reasonable person” - a person of average intelligence who exercises reasonable care, considering all circumstances

Question 23

What is damage vs. foreseeability?

Answer 23

-Damage - pain and suffering, financial damages
-Foreseeable - There can be damage for which no liability exists. *(Will not be liable if damage is not reasonably capable of being foreseen by a reasonable person)

Question 24

What is causation??

Answer 24

“But for” the defendant’s actions, would injury or damage not have occurred?

Question 25

What is proximate cause?

Answer 25

Cause of injury directly related to an act of a defendant  Acts of omission must be directly connected to the injury, without intervening events

Question 26

Negligence?

Answer 26

Who has duty of care? What was the standard of care? Were the duty/standard breached? Who was harmed? Were the damages reasonably caused by negligence? But for test***

Question 27

What is occupiers liability?

Answer 27

the legal duty placed on the owner or occupier of property to ensure that persons entering the premises and their property are reasonably safe. This duty exists regardless of whether the person is an invitee, a licensee, or even a trespasser, although the degree of care owed may vary depending on the entrant's status.

Question 28

What is the tort of nuisance?

Answer 28

interference with the enjoyment of real property or, in some cases, material interference with a person’s physical comfort.

Question 29

What is injunction (w/nuisance)?

Answer 29

an equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts.

Question 30

What is contributory negligence?

Answer 30

a legal defense where a defendant claims that the plaintiff's own negligence contributed to the injury or damage they suffered. If proven, this can reduce or eliminate the defendant's liability.

Question 31

What are the 4 conditions to meet for a claim of negligence?

Answer 31

1. There was supposed to be a duty of care 2. The duty was breached 3. The breach caused injury 4. Damages were suffered

Question 32

res ipsa loquitur?

Answer 32

"The thing speaks for itself" is a legal doctrine that allows a plaintiff to prove negligence even without direct evidence of the defendant's actions. It infers negligence based on the nature of the incident itself, suggesting that the event wouldn't typically occur without someone's negligence.

Question 33

What is "release"?

Answer 33

a promise not to sue or press a claim, or a discharge of a person from any further responsibility to act

Question 34

What is order of replevin?

Answer 34

court action that permits a person to recover goods unlawfully taken by another.