Torts and Contracts

Question 1

The law provides remedies for injuries to protected interests, such as:

Answer 1

• Physical Security
• Freedom of Movement
• Property
• Privacy
• Reputation

Question 2

Types of Damages

Answer 2

Compensatory Damages and Punitive Damages

Question 3

Punitive Damages:

Answer 3

Awarded to punish the defendant and deter future misconduct. Common in intentional tort cases. (RESTRAINING ORDER IS NOT A PUNITIVE DAMAGE)

Question 4

Tort:

Answer 4

A wrongful act that causes injury to another person.

Question 5

Crime:

Answer 5

A wrongful act against society as a whole.

Question 6

Intentional Torts:

Answer 6

Involves intent to perform the act, knowing the consequences.
Malicious intent is not required for all intentional torts.

Question 7

Negligence:

Answer 7

Involves harm caused by careless actions without intent to cause injury.

Question 8

Assault Tort:

Answer 8

Act causing reasonable apprehension of imminent harmful or offensive contact. No physical contact is necessary.

Question 9

Battery Tort:

Answer 9

Unexcused and offensive physical contact with another person.

Question 10

False Imprisonment Tort:

Answer 10

Confinement of a person without justification or consent. May involve physical restraint or threats of force.

Question 11

Intentional Infliction of Emotional Distress Tort:

Answer 11

Extreme and outrageous conduct causing severe emotional distress.

Question 12

Defamation:

Answer 12

False statements that harm a person’s reputation.

Question 13

Libel

Answer 13

Written defamation.

Question 14

Slander

Answer 14

Spoken defamation.

Question 15

Invasion of Privacy Tort:

Answer 15

Wrongful intrusion into a person’s private affairs or false representation in public.

Question 16

Appropriation Tort:

Answer 16

Using another person’s name or likeness for commercial purposes without permission.

Question 17

Business Torts

Answer 17

1.Wrongful Interference with Contractual Relationship
2. Wrongful Interference with Business Relationship

Question 18

Wrongful Interference with Contractual Relationship:

Answer 18

Occurs when a third party intentionally induces one party to breach a valid contract.

Question 19

Wrongful Interference with Business Relationship:

Answer 19

Involves actions intended to unlawfully disrupt another’s business relationships, going beyond competitive practices.

Question 20

Intentional Torts Against Property:

Answer 20

1. Trespass to Land
2. Trespass to Personal Property
3. Conversion
4. Disparagement of Property

Question 21

Trespass to Land:

Answer 21

Entering or remaining on another’s land without permission.
Physical harm to the land is not required.

Question 22

Trespass to Personal Property:

Answer 22

Physical harm, Interfering with another’s personal property

Question 23

Conversion:

Answer 23

Depriving the owner of personal property (e.g., theft).

Question 24

Disparagement of Property:

Answer 24

False statements about another’s property or product that cause economic harm.

Question 25

Elements of Negligence:

Answer 25

Duty of Care: The defendant owed a duty to the plaintiff. Breach of Duty: The defendant breached that duty. Causation: The defendant's breach caused the injury. Damages: The plaintiff suffered harm

Question 26

Defenses to Negligence:

Answer 26

Assumption of Risk: Plaintiff knew of the risk and voluntarily assumed it. Superseding Cause: An unforeseeable event breaks the causal chain. Contributory Negligence: Plaintiff’s own negligence absolves the defendant. Comparative Negligence: Both parties’ negligence is compared, and damages are reduced accordingly.

Question 27

Special Negligence Doctrines

Answer 27

1. Res Ipsa Loquitur 2. Negligence Per Se 3. Dram Shop Acts:

Question 28

Dram Shop Acts:

Answer 28

Liability for serving alcohol to an intoxicated person who then causes harm to a third party.

Question 29

Negligence Per Se:

Answer 29

Violation of a statute that causes the type of harm the statute was designed to prevent.

Question 30

Res Ipsa Loquitur:

Answer 30

"The thing speaks for itself"—negligence is presumed if the event wouldn't normally occur without someone's negligence.

Question 31

Strict Liability:

Answer 31

Imposed for activities that are inherently dangerous and carry a high risk of harm, regardless of fault.Includes activities such as blasting, keeping wild animals, etc.

Question 32

Objective Theory of Contracts

Answer 32

The intention to form a contract is judged by outward, objective facts, and the reasonable person standard—not by secret or subjective intent

Question 33

Bilateral Contract

Answer 33

A promise for a promise. Example: "I will pay you $500 if you find my dog."

Question 34

Unilateral Contract

Answer 34

A promise for an act. Example: "I will pay you $50 if you cut my grass."

Question 35

Express Contract

Answer 35

Terms are clearly stated (orally or in writing).

Question 36

Implied Contract

Answer 36

Formed by the conduct of the parties.

Question 37

Implied in Fact:

Answer 37

Conduct indicates agreement (e.g., receiving services and knowing payment is expected).

Question 38

Implied in Law (Quasi-Contract

Answer 38

Imposed by courts to avoid unjust enrichment.

Question 39

Executed Contracts

Answer 39

Fully performed by all parties.

Question 40

Executory Contracts

Answer 40

Still requires performance by one or both parties.

Question 41

Duress

Answer 41

Entering into a contract under the threat of force.

Question 42

Undue Influence

Answer 42

Entering into a contract under the threat of force. Entering into a contract under the threat of force

Question 43

Genuineness of Assent

Answer 43

There must be voluntary consent, with no fraud, mistake, undue influence, or duress.

Question 44

Statute of Frauds

Answer 44

Certain contracts (e.g., involving land, over $500, etc.) must be in writing to be enforceable.