Torts

Question 1

What are torts?

Answer 1

A breach of legal duty that approximately causes harm or injury to another; tort law is designed to compensate those who’ve suffered a loss or injury due to another person’s wrongful act

Question 2

What are the 4 overlapping torts and crimes?

Answer 2

1. Assault
2. Battery
3. Trespass
4. Nuisance

Question 3

What are the 3 major categories of torts?

Answer 3

1. Intentional Torts
2. Negligence
3. Strict Liability

Question 4

Damage VS Damages

Answer 4

Damage - harm or injury to person or property

Damages - monetary compensation for such harm or injury

Question 5

Compensatory Damages

Answer 5

compensating or reimbursing the plaintiff for actual losses

Special Damages - compensate monetary losses

General Damages - compensate for non-monetary damages

Question 6

Punitive Damages

Answer 6

when defendant’s conduct was particularly egregious (outrageous) or reprehensible (shameful)

Question 7

If you’re suing for DAMAGES what must you argue?

Answer 7

preponderance of evidence (50+%)

Question 8

If you’re suing for EQUITABLE REMEDIES what must you argue?

Answer 8

clear and convincing evidence (~75%)

Question 9

What are the 3 kinds of Intentional Torts to the person?

Answer 9

1. Assault
2. Battery
3. False Imprisonment

Question 10

What is an Intentional Tort?

Answer 10

intentional violation of person or property (fault plus intent)

Question 11

What is a tort of Assault? (to the person)

Answer 11

intentionally placing someone in fear or apprehension of immediate harmful or offensive contact

Question 12

What is a tort of Battery? (to the person)

Answer 12

intentional touching that results in an injury; assault resulting in physical contact

Question 13

What is a tort of False Imprisonment? (to the person)

Answer 13

intentionally detaining someone against their will

Question 14

What standard must be upheld to determine if the contact was offensive in a tort of battery?

Answer 14

the reasonable person standard

Question 15

What are the 4 kinds of Intentional Torts to property?

Answer 15

1. Trespass to Land
2. Conversion
3. Trespass to Personal Property (Chattels)
4. Waste

Question 16

What is a tort of trespass to land? (to property)

Answer 16

unpermitted intrusion onto someone’s land

Question 17

What 3 things could be considered a trespass to land?

Answer 17

1. entering onto, above, or below the surface of land that’s owned by another
2. causing anything to enter onto land owned by another
3. remaining on land owned by another or permitting anything to remain on it

Question 18

What is a tort of conversion? (to property)

Answer 18

intentionally depriving someone of their personal property

Question 19

What is the difference between personal property and real property?

Answer 19

Real property is land, buildings, and/or fixtures

Personal Property is MOVABLE
- tangible : solid, liquid, gas
- intangible: stocks, bonds, patents, etc.

Question 20

What is the ONLY remedy receivable for the tort of conversion?

Answer 20

legal remedy of damages

Question 21

What is the tort of trespass to personal property? (to property)

Answer 21

whenever someone wrongfully takes or harms the personal property of another or interferes with the lawful owner’s possessions and enjoyment of personal property

Question 22

What’s the difference between the tort of conversion and the tort of trespass to personal property (chattels)?

Answer 22

Trespass to chattels is a minor interference with another’s chattel (i.e., personal property that is neither real property nor connected to real property). This allows the plaintiff to recover only actual damages caused by the intentional interference with the plaintiff’s chattel through dispossession, use, or intermeddling (e.g, repair costs, loss of use).

Conversion is a serious interference with another’s chattel. The intentional exertion of dominion and control over the chattel must be so substantial that the plaintiff should recover the full value of the chattel.

Question 23

What is the tort of waste? (to property)

Answer 23

intentionally injuring someone’s future interest in property

Question 24

When you own something in its entirety, you own it in…

Answer 24

fee simple

Question 24

What are the 3 kinds of Intentional Torts to economic relations?

Answer 24

1. interference 2. unfair competition 3. disparagement

Question 25

What is the tort of interference? (to economic relations)

Answer 25

defendant who wrongfully interferes with the plaintiff's contractual or business relationships

Question 26

What is the tort of unfair competition? (to economic relations)

Answer 26

false advertising or misappropriation of trade secrets

Question 27

What is the tort of disparagement? (to economic relations)

Answer 27

derogatory statement/statements is made against any person's business or a person's title to his/her property with the intention of discouraging others from doing business with that person

Question 28

What are the 5 kinds of "other" intentional torts?

Answer 28

1. Intentional Infliction of Mental and/or Emotional Distress 2. Fraud 3. Invasion of Privacy 4. Abusive Process 5. Malicious Prosecution

Question 29

What is the tort of intentional infliction of mental and/or emotional distress? (other)

Answer 29

this was expanded into reckless infliction or gross negligence (an intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another)

Question 30

What is the tort of fraud? (other)

Answer 30

1. misrepresentation 2. of a material fact (significant) 3. knowledge or reckless indifference to the truth 4. intent to deceive 5. reliance (would someone rely on the lie) 6. injury must prove by a preponderance of evidence (50+%)

Question 31

What is the tort of invasion of privacy? (other)

Answer 31

publishing or otherwise making known or using information relating to a person’s private life and affairs, with which the public has no legitimate concern, without that person’s permission or approval

Question 32

What is the tort of abusive process? (other)

Answer 32

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; abuse of criminal justice system

Question 33

What is the tort of malicious prosecution? (other)

Answer 33

if a party initiates a lawsuit out of malice and without legitimate legal reason

Question 34

3 defenses against intentional torts

Answer 34

1. lack of intent 2. lack of consent 3. lack of privilege

Question 35

What are the 2 kinds of privilege? (context: lack of privilege is one of the 3 defenses against intentional torts AND also with defamation in strict liability)

Answer 35

1. absolute privilege (statements made by attorneys and judges in the courtroom during a trial are absolutely privileged, as are statements made by government officials during legislative debate) 2. qualified privilege (statements are made in good faith and the publication is limited to those who have a legitimate interest in the communication, the statements fall within the area of qualified privilege)

Question 36

What are the 4 things you need to prove in a tort of negligence?

Answer 36

1. duty of care 2. breach of duty 3. proximate cause 4. substantial injury

Question 37

What does "proximate cause" mean?

Answer 37

foreseeability; you start from when the duty of care occurred; if it's foreseeable the results that happened after the duty of care then the initial subject is liable for all of the things that were foreseeable

Question 38

How do courts determine if duty of care has been breached?

Answer 38

Reasonable Person Standard: the courts ask how a reasonable person would’ve acted in the same circumstances

Question 39

What is a supervening event?

Answer 39

1. intervening 2. independent 3. unforeseeable

Question 40

5 defenses against torts of negligence

Answer 40

1. contributory negligence 2. comparative negligence 3. unavoidable accident 4. assumption of risk 5. doctrine of last clear chance

Question 41

Difference between unavoidable accidents and assumptions of risk (context: these two are both defenses against torts of negligence)

Answer 41

unavoidable accidents: accident is not negligent because you can't be held to the standard of a perfect person assumption of risk : plaintiff knew of the specific danger

Question 42

What is strict liability

Answer 42

can be sued with NO fault

Question 43

What are the 10 kinds of strict liability?

Answer 43

1. animals 2. extra hazardous activities or things 3. attractive nuisance 4. nuisance 5. workers compensation 6. common carriers and innkeepers 7. warranties with goods 8. vicarious liability 9. dram shop act 10. defamation

Question 44

Defenses to strict liabilities

Answer 44

assumption of the risk

Question 45

Defenses to defamation (strict liability)

Answer 45

consent or privilege

Question 46

2 kinds of privilege

Answer 46

absolute privilege qualified privilege

Question 47

What must you prove: 1. criminal case 2. civil case (legal remedy) 3. civil case (equitable remedy)

Answer 47

1. beyond a reasonable doubt (95%) 2. preponderance of evidence (50%+) 3. clear and convincing evidence (75%)

Question 48

What are the 5 equitable remedies?

Answer 48

1. Injunction (stop!) 2. Rescission (cancelling a contract because of a breach) 3. Specific Performance (perform a specific act) 4. Reformation (modify contract) 5. Mandamus (order to an inferior government)