Tort law 2 Flashcards Preview

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Flashcards in Tort law 2 Deck (13):
1

you are in a conflict on the street, he or she intentionally and seriously threatening to hit you on your face. He or she will be liable for the tort of (???)

Assault: The threat of physical harm

2

In a conflict on the street, a person is threatening you and hitting in your face. He is liable for the tort of (???).

Battery: intentional actual physical harm

3

You get robbed and you protect yourself from the robber, so you have used "(???) force for (???)".

Reasonable force for self-defense

4

If you don't say "Oh, I just defend myself" what should you say in the court.

I used reasonable force for self-defense to avoid the robbery.

5

There was a (???) fear of injury and I struck the (???) for self-protection.

Genuine fear of injury - plaintiff

6

The bad language the plaintiff actually used like "F*ck u"

Provocation: Bad language make people annoyed and angry

7

The use of provocation as a defense only helps you (???) damages/remedies/awards by the court, you're still liable for the damages.

Mitigate: Make less severe

8

If anyone checks your bank account without your knowledge and consent, he or she will be liable for the tort of (???).

Intrusion to seclusion: Invasion to privacy

9

If the case is not unnecessary so it's not (???), you don't need to bring him or her to the trial.

Frivolous.

10

You have a media company, you spread a news saying that Donald Trump's IQ is 80 and people believe it. You truly damage his reputation. So you are liable for the tort of (???)

Defamation: is a lie that damages the reputation of a person or a company.

11

Name two types of Defamation

Slander: is a form of spoken defamation and there is no permanent record.
Libel: is a form of written recorded defamation.

12

This tort is similar to the defamation but this damages the reputation of a product or service.

Injurious Falsehood:
a lie that damages the reputaion of a product or a service.

13

You re-create a product and pretend that's yours. So you are committing the tort of (???)

Passing-off.