Torts

Question 1

What is Battery in the context of intentional torts?

Answer 1

Intentional harmful or offensive contact with the plaintiff’s person.

Question 2

Define Assault in terms of intentional torts.

Answer 2

Intentional act creating a reasonable apprehension of imminent harmful or offensive contact.

Question 3

What constitutes False Imprisonment?

Answer 3

Intentional act that confines a person to a bounded area without consent or legal authority.

Question 4

What is Intentional Infliction of Emotional Distress (IIED)?

Answer 4

Extreme and outrageous conduct causing severe emotional distress.

Question 5

Define Trespass to Land.

Answer 5

Intentional physical invasion of another’s land.

Question 6

What does Trespass to Chattels entail?

Answer 6

Intentional interference with another’s personal property, causing damage.

Question 7

What is Conversion in tort law?

Answer 7

Serious interference with another’s property that justifies full compensation of the item’s value.

Question 8

What is the Duty in negligence law?

Answer 8

The defendant owes a duty of reasonable care to foreseeable plaintiffs.

Question 9

What is the Standard of Care?

Answer 9

What a reasonably prudent person would do under the circumstances.

Question 10

List the Special Standards of care.

Answer 10

• Professionals (higher standard)
• Children (subjective standard)
• Landowners (varied by status of entrant)

Question 11

What does Breach refer to in negligence?

Answer 11

Failure to act as a reasonable person would in similar circumstances.

Question 12

What is Actual Cause in negligence?

Answer 12

“But For” Test – But for the defendant’s actions, the harm would not have occurred.

Question 13

Define Proximate Cause.

Answer 13

The harm was a foreseeable result of the defendant’s conduct.

Question 14

What must a plaintiff show to prove damages in negligence?

Answer 14

Plaintiff must suffer actual harm (personal injury or property damage).

Question 15

What is Negligence Per Se?

Answer 15

Violation of a statute designed to protect a certain class of people automatically establishes duty and breach.

Question 16

What is Consent as a defense in tort law?

Answer 16

Plaintiff agreed to the conduct (express or implied).

Question 17

What is Self-Defense?

Answer 17

Defendant may use reasonable force to prevent harm to themselves.

Question 18

Define Defense of Others.

Answer 18

Reasonable force used to protect another person.

Question 19

What does Defense of Property allow?

Answer 19

Reasonable, non-deadly force to protect property.

Question 20

What is Public Necessity in tort law?

Answer 20

Complete defense if public interests justify the action.

Question 21

Define Private Necessity.

Answer 21

Partial defense (D must compensate P for harm caused).

Question 22

What is Comparative Negligence?

Answer 22

Plaintiff’s recovery is reduced by their percentage of fault.

Question 23

What is Contributory Negligence?

Answer 23

Plaintiff’s own negligence bars recovery entirely.

Question 24

What does Assumption of Risk mean?

Answer 24

Plaintiff knowingly and voluntarily accepted a risk.

Question 25

What is Strict Liability for Abnormally Dangerous Activities?

Answer 25

Liability imposed when: * The activity involves a high risk of harm, * The harm is likely to be serious, * The risk cannot be eliminated with reasonable care.

Question 26

What is the liability for Wild Animals?

Answer 26

Owner is strictly liable for harm caused.

Question 27

Under what condition is an owner liable for Domestic Animals?

Answer 27

Owner is liable only if they knew of the animal’s dangerous propensities.

Question 28

What is Strict Products Liability?

Answer 28

A commercial seller is strictly liable if a defective product causes harm when used as intended.

Question 29

List the types of defects under Strict Products Liability.

Answer 29

* Manufacturing * Design * Failure to Warn

Question 30

What constitutes Defamation?

Answer 30

A false statement of fact that harms the plaintiff’s reputation and is published to a third party.

Question 31

What must Public Figures prove in a Defamation case?

Answer 31

Must prove actual malice (knowledge of falsity or reckless disregard).

Question 32

What must Private Figures prove in a Defamation case?

Answer 32

Must prove negligence (false statement was made carelessly).

Question 33

What are the four types of Invasion of Privacy?

Answer 33

* Intrusion on Seclusion * False Light * Public Disclosure of Private Facts * Appropriation

Question 34

Define Intrusion on Seclusion.

Answer 34

Unreasonable invasion into private affairs.

Question 35

What is False Light?

Answer 35

Highly offensive portrayal of plaintiff.

Question 36

What does Public Disclosure of Private Facts refer to?

Answer 36

Widespread disclosure of private, offensive information.

Question 37

What is Appropriation in terms of privacy torts?

Answer 37

Unauthorized use of plaintiff’s name or likeness for commercial gain.

Question 38

What is Fraud (Intentional Misrepresentation)?

Answer 38

Intentional false statement of material fact causing reliance and harm.

Question 39

What does Interference with Contractual Relations involve?

Answer 39

Defendant knowingly induces a party to breach a valid contract.

Question 40

What is Interference with Prospective Economic Advantage?

Answer 40

Defendant wrongfully interferes with a plaintiff’s expected business relationship.