Module 5: Torts

Question 1

Tort definition and type of law

Answer 1

common law developed over time through case by case adjudication, generally no state or federal statutes
a harm that one person or entity causes to another (civil case or a criminal case)

Question 2

Prima Facie

Answer 2

has the plaintiff presented all the required elements of the tort/contract case for it to be considered a valid tort/contract (if all the evidence were true) - if not case would be dismissed

Question 3

Prima Facie: Battery

Answer 3

harmful contact (injury does not have to be proven), intent (specific or general), causation (causes injury)

Question 4

Prima Facie: Assault

Answer 4

reasonable apprehension of imminent contact, imminent contact, causation (causing fear)

Question 5

Transferred Intent: Tort

Answer 5

intent to cause battery is sufficient to be sued, even if the events occur differently than intent

Question 6

Defenses of Torts

Answer 6

Consent, Self-defense, Defense of others

Question 7

False Imprisonment, Shopkeepers Defense

Answer 7

Confining someone against their will for an unreasonable period of time;
Shopkeepers can hold people for a reasonable period of time in a reasonable manner until the police arrive if you believe they’re committing a crime

Question 8

Negligence definition

Answer 8

Breaches duty of care to the other party, standard for products, by not proper reasonable precautions (harm does not necessarily equate to a tort)

Question 9

Res Ipsa Loquitur

Answer 9

the thing speaks for itself: there are some things that never would have happened unless someone was negligent

Question 10

Negligence Proximate Causation

Answer 10

was this the type of person and type of harm that was foreseeably in danger - if not, and it’s random occurrence, does not equal causation

Question 11

Negligence Tort Defense: contributory, comparative, assumption of risk

Answer 11

Contributory: the plaintiff also did something negligent that contributed to the harm. Comparative: jury asked to determine what percent the plaintiff is at fault and reduce damages
Assumption of risk: assume risk by entering a place, participating in activity - jury can determine harm was greater than the risk assumed

Question 12

Tort: Strict Liability prima facie

Answer 12

Breach of absolute duty of care (regardless of negligence) for products or ultra-hazardous activity, breach, causation, damages, NO defense

Question 13

Requirements of defamation tort

Answer 13

slander (oral) or libel (written): must make false statement, statement harms reputation, must be communicated to another person, determine level of intent (private figure: negligent, didn’t do due diligence or public figure: reckless disregard for truth)

Question 14

Interference with contractual/business relations tort

Answer 14

third party interference suit, requires defendant to know of the relationship and intentionally interfere causing damages

Question 15

Privacy Tort types

Answer 15

Intrusion of Solitude (aka private affairs), appropriation of name or likeness, public disclosure of private facts (may be true, unlike defamation), false light (may not be false, changes view of other people)

Question 16

Vicarious Liability tort

Answer 16

one person may be liable for the torts of another

Question 17

Respondeat Superior

Answer 17

vicarious liability, employer generally responsible for the acts of their employee in the scope of doing their business (superior entity is responsible)

Question 18

Exceptions of Respondeat Superior

Answer 18

Frolic and detour: employee actions resulting in tort were seriously not within the scope of business; Intentional Torts (unless in furtherance of employer’s business)