The basic purpose of tort law is to punish criminal wrongdoers.
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False
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Compensatory Damages
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Intended to compensate or reimburse a plaintiff for actual losses.
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Punitive Damages
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Awarded in tort cases to punish the wrongdoer and to deter other from similar wrongdoing.
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Special Damages
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Intended to compensate the plaintiff for quantifiable momentary losses, such as medical expenses.
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General Damages
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Intended to compensate individuals (but not companies) for the non-momentary aspects of the harm suffered from a tort, such as pain and suffering.
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There are two broad classifications of torts:
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Intentional torts and Unintentional torts
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Because an intentional tort requires intent, a harmful motive is required.
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False
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A person who commits a tort is known as a:
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Tortfeasor
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Assault
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Any intentional and unexcused threat of immediate harmful or offensive contact
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Battery
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An unexcused and harmful or offensive physical contact intentionally performed.
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Stiles is much stronger than Ben and threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles
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For assault and battery because there was both a threat and a harmful action
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Hank may be able to sue his neighbor Larson for ________ if Larson sends Hank a text message telling him that his wife was killed in a car accident even though Hank knew that it was untrue.
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Infliction of emotional distress.
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Defamation (libel or slander)
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A false statement of fact, not made under privilege, that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual malice.
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Invasion of Privacy
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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.
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Choose the list of the main elements of fraudulent misrepresentation in the order in which they should normally appear:
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1. A misrepresentation of material facts with knowledge of their falsity
2. An intent to cause another party to rely on the misrepresentation
3. Justifiable reliance on the misrepresentation
4. Damages suffered as a result of that reliance
5. A causal connection between the misrepresentation and the injury suffered
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Trespass to land has nothing to do with obtaining permission for use of that land.
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False
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Trespass to land requires that a person ______ on the land.
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remains
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For trespass to land occur you have to _______ onto, above, or below the land surface owned by another.
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enter
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A real property owner must _______ that a person is a trespasser.
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establish
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A guest in your home is typically ____ a trespasser.
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not
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You are given permission to use Alvie's land for a one-day four-wheeled drive event. Your own truck breaks down during the event so you leave it on Alvie's property. Most likely you have committed
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trespass to land.
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When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land.
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False
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The difference between intentional torts and torts involving negligence is that, ini torts involving negligence, the tortfeaser does NOT wish to bring about the consequence of the act, nor does she or he believe that they will occur.
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True
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Drag and drop the elements required to succeed in a negligence action in the order in which they are normally considered.
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Duty - Breach - Causation - Damages
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Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?
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No, because stove get hot and some people get burned when they are careless.
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The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.
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False
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Those who enter retail premises are called business _______.
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invitees
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Storeowners must warn business invitees of ________ risks.
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foreseeable
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A landowner has a duty to discover and remove any _______ dangers to customers or other invitees.
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hidden
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When risks are so ______, owners need not warn of them.
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obvious
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An attorney's conduct is judged by the reasonable person standard.
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False
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Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?
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Was there intent?
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You accidentally bump into someone on the sidewalk and that person falls, but is unharmed. Nonetheless, that person usually can successfully sue you for damages?
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False
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Negligence ________ may occur if an individual violates a statute providing for a criminal penalty if that violation causes another to be harmed.
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per se
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__________ statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations.
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Good Samaritan
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_______ -shop acts imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.
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Dram
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Assumption of risk does NOT require
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seeking out the riskiest activities.
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Contributory Negligence
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A theory in tort law in which a complaining party's own negligence contributed to or caused his or her injuries.
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Comparative Negligence
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A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
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