The basic purpose of tort law is to punish criminal wrongdoers.
A breach of a legal duty that proximately causes harm or injury to another.
Awarded in tort cases to punish the wrongdoer and to deter other from similar wrongdoing.
Intended to compensate or reimburse a plaintiff for actual losses.
Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses.
Intended to compensate individuals (but not companies) for the nonmonetary aspects of the harm suffered from a tort, such as pain and suffering.
There are two broad classifications of torts:
1) ____; and 2) ____
Because an intentional tort requires intent, a harmful motive is required. True or False?
A person who commits a tort is known as a:
An unexpected and harmful or offensive physical contact intentionally performed.
Any intentional and unexcused threat of immediate harmful or offensive contact.
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...
For assault and battery because there was both a threat and a harmful action.
What has nothing to do with false imprisonment?
You are made fearful of unwanted and possibly harmful contact with another person.
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.
Infliction of emotional distress
A false statement of fact, not made under ___, 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 ____.
Defamation (libel or slander)
Publishing or otherwise making known or using information relating to a person's ___ life and affairs, with which the public has no legitimate concern, without that person's ___ or approval.
Invasion of Privacy
The main elements of Fraudulent Misrepresentation are...
(In order) A misrepresentation of material facts with knowledge of their falsity, An intent to cause another party to rely on the misrepresentaion, Justifiable reliance on the misrepresentation, Damages suffered as a result of that reliance, A casual connection between the misrepresentation and the injury suffered
Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship.
A) A third party must be aware that the contract exists.
B) A valid, enforceable contract must exist between two parties.
C) A third party must unintentionally cause one of the parties to break the contract.
C: A third party must unintentionally cause one of the parties to break the contract.
In our freely competitive economy, businesses have no limits on how they can attract customers. True or False?
Competing via aggressive marketing and advertising strategies is ____ interference with a business relationship.
Trespass to land has nothing to do with obtaining permission for use of that land.
The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.
Trespass to land
Trespass to land requires that a person ___ on the land.
For trespass to land occur you have to ___ onto, above, or below the land surface owned by another.
A real property owner must ___ that a person is a trespasser.
A guest in your home is typically ___ a trespasser.
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...
A) Trespass to land.
B) Trespass to land, but you have a complete defense.
C) Trespass to personal property.
A: Trespass to land
When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land. True or False?
Which of the following acts normally do NOT constitue a Conversion?
A) The taking of electronic records and data without the owner's permission.
B) Mistakenly believing that you are entitled to goods that are not your own.
C) Temporarily borrowing a friend's textbook and then returning it.
C: Temporarily borrowing a friend's textbook and then returning it.
The wrongful taking, using, or retaining possession of personal property that belongs to another.
Publishing false information about another's legal ownership of property that results in financial loss to the property's owner.
Slander of Title
Occurs when economically injurious falsehoods are made about another's product or property.
Disparagement of Property
The difference between intentional torts and torts involving negligence is that, in 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. True or False?
The elements to succeed in a negligence action in the order in which they are normally considered are...