Chapter 4 (Exam 2)

Question 1

a civil claim other than a claim for breach of contract

Answer 1

tort

Question 2

person who commits a tort

Answer 2

tortfeasor

Question 3

committed when the tortfeasor breaches a legal duty to another and that breach causes a legally recognized injury

Answer 3

tort

Question 4

Torts generally require that the plaintiff prove their case by a

Answer 4

Preponderance of the evidence

Question 5

the trier of fact, a judge or a jury, can have no reasonable doubt that the defendant is guilty

Answer 5

beyond a reasonable doubt

Question 6

the trier of fact finds it is more likely than not that the defendant is liable for committing the wrongful act

Answer 6

prove a case by preponderance of the evidence

Question 7

(1) to encourage people to act in a way that does not harm others
(2) to compensate the victims of a wrongful act

Answer 7

purpose of tort law

Question 8

the current tort system in the United States has both

Answer 8

common law and statutory components

Question 9

involves a situation in which the tortfeasor had no intention of creating a wrong but, because of a lapse in judgment or a failure to be careful, harmed someone else

Answer 9

unintentional tort

Question 10

results when a defendant breaches a duty of care owed to the plaintiff by acting in a way that a reasonable person would not act

Answer 10

Negligence

Question 11

1. The defendant owed a duty of care to the plaintiff.
2. The defendant breached that duty of care.
3. The plaintiff suffered a legally recognizable injury.
4. The defendant’s breach was the factual and proximate cause of the plaintiff’s injury.

Answer 11

prevail in a negligence claim

Question 12

potentially dangerous object that might attract others—primarily children—onto land

Answer 12

attractive nuisance

Question 13

the average person in society who exercises an average amount of care when conducting their affairs

Answer 13

reasonable person

Question 14

an injury that rises above a certain legal threshold

Answer 14

legal injury

Question 15

“but-for” cause of the damages, meaning that “but for” a certain event there would not have been an injury

Answer 15

Causation in fact

Question 16

sometimes referred to as legal causation, requires a strong causal relationship between a breached legal duty and damages

Answer 16

Proximate cause

Question 17

occurs when a violation of the law establishes a breach of duty on the part of the defendant

Answer 17

Negligence per se

Question 18

1. A statute was violated by the defendant’s actions. 2. The statute was intended to prevent the type of injury that occurred.
2. The plaintiff was an individual the statute sought to protect.

Answer 18

prove negligence per se

Question 19

“the thing speaks for itself”

Answer 19

Res ipsa loquitur

Question 20

negligence on the part of the plaintiff contributed in some fashion to their injury

Answer 20

Contributory negligence

Question 21

compares the contribution of the defendant toward the plaintiff’s injury with the con-tribution of the plaintiff toward their own injury

Answer 21

Comparative negligence

Question 22

the defendant asserts that something beyond the defen-dant’s control intervened to cause the plaintiff’s injury

Answer 22

intervening cause

Question 23

results when the plaintiff increased the likelihood of injury by knowingly engaging in a risky activity

Answer 23

Assumption of risk

Question 24

• Contributory negligence
• Comparative negligence
• Intervening cause
• Assumption of risk

Answer 24

Defenses to Negligence

Question 25

injuries a plaintiff sustains because the defendant failed to exercise the appropriate standard of care required in their profession

Answer 25

Malpractice

Question 26

evidence provided through the testimony of professionals with similar credentials to those of the defendant

Answer 26

expert testimony

Question 27

When malpractice claims are made against professionals like insurance agents or Errors and omissions brokers, real estate agents, or other agents who help individuals fill out applications or sign purchase contracts

Answer 27

errors and omissions

Question 28

allows a plaintiff injured by an intoxicated tortfeasor to sue the establishment that negligently served too much alcohol to the tortfeasor

Answer 28

dram shop

Question 29

an unreasonable interference with a property owner’s use and enjoyment of land

Answer 29

nuisance

Question 30

the plaintiff must show that the defendant’s property use causes some hindrance to plaintiff’s enjoyment of plaintiff’s land

Answer 30

establish a case for a private nuisance

Question 31

are those that cause injury to a substantial number of people, such as a tall building near an airport runway, the pollution of water, or a structurally unsafe building in a densely populated area

Answer 31

Public nuisances

Question 32

imposes liability on the defendant regardless of whether the defendant acted with reasonable care

Answer 32

Strict liability

Question 33

law in the United States imposes strict liability on manufacturers and distributors of a defective product regardless of whether the plain-tiff proves a breach of care

Answer 33

Products liability

Question 34

the plaintiff must show that the defendant intended the action causing harm to the plaintiff, while negligence merely requires showing that the defendant did not conform to the reasonable person standard and subsequently breached their duty of care.

Answer 34

intentional tort

Question 35

1. The defendant, by word or gesture, intentionally put the plaintiff in fear of immi-nent physical harm. 2. A reasonable person in the same situation would be fearful of imminent physical harm. 3. The defendant had no permission or privilege to act

Answer 35

assault claim

Question 36

involves intentional physical contact that is offensive or harmful and was not consented to

Answer 36

Battery

Question 37

1. The defendant touched the plaintiff with an object or the defendant’s body. 2. The touching was unwelcome or offensive. 3. A reasonable person in the same situation would find the touching harmful or offensive. 4. The defendant had no permission or privilege to act.

Answer 37

prove battery

Question 38

occurs when a plaintiff, either through expressed action or implied action, provided the defendant permission to engaged in the allegedly tortious action

Answer 38

consent

Question 39

limits the ability of first responders, such as firefighters and police officers, for collecting tort damages from the person who caused the danger that the safety officer was being dispatched to

Answer 39

Fireman’s Rule

Question 40

occurs when a defendant confines the plaintiff through the use of physical force or verbal threats without permission or privilege

Answer 40

False imprisonment

Question 41

1. The defendant made a false statement about the plaintiff. 2. The statement was published to a third party. 3. The plaintiff’s reputation was harmed as a result.

Answer 41

prove defamation

Question 42

applies to a defamatory written statement

Answer 42

libel

Question 43

concerns defamatory oral communication

Answer 43

slander

Question 44

meaning that the statements are inherently harmful; they can be either written (libel) or verbal (slander)

Answer 44

defamation per se

Question 45

is similar to defamation, but it requires untrue statements that diminish the value of property

Answer 45

slander of property

Question 46

which is committed by know-ingly casting doubt on the ownership interest of another in property

Answer 46

slander of title

Question 47

Defendants who use the truth in a malicious manner and publish their statement to a third party, causing harm to a plaintiff’s reputation, might still be liable for defamation under the

Answer 47

Defamation by implication

Question 48

a legally recognized justification entitling the defendant to make and communicate the statement

Answer 48

privilege

Question 49

exists when the defendant’s communication was made in good faith and with the proper motive

Answer 49

conditional privilege

Question 50

applies to statements made in legal proceedings such as a trial or debate in the legislature

Answer 50

Absolute privilege

Question 51

helps protect the privacy and identity of ordinary citizens

Answer 51

invasion of privacy

Question 52

1. Publishes information that places the plaintiff in a false light 2. Publicly discloses facts about the plaintiff that a reasonable person would find objectionable or embarrassing 3. Uses the name or likeness of the plaintiff without permission for a commercial purpose 4. Invades a person’s home or private papers

Answer 52

invasion of privacy is committed

Question 53

the wrongful use of another’s name or likeness for the defendant’s benefit

Answer 53

Appropriation

Question 54

protects a person’s name, likeness, and other unique identifying characteristics from being used for a commercial purpose without license

Answer 54

right of publicity

Question 55

When a defendant causes an emotional injury to a plaintiff by engaging in outrageous behavior

Answer 55

intentional infliction of emotional distress

Question 56

constitutes an exception by prohibiting the employer for firing a worker for a reason that contravenes public policy

Answer 56

Wrongful termination

Question 57

occurs whenever the defendant enters the plaintiff’s land without permission

Answer 57

trespass to real property

Question 58

occurs when the defendant interferes with the plaintiff’s personal use or possession of personal property

Answer 58

Trespass to personal property

Question 59

a civil remedy for theft and is commit-ted when the defendant takes or retains another’s personal property

Answer 59

conversion

Question 60

a statutory device to provide security for people performing work on, or supplying materials for, the improvement of real or personal property

Answer 60

mechanic’s or artisan’s lien

Question 61

designed to provide a remedy to those who are damaged through deceit

Answer 61

tort of fraud

Question 62

1. The defendant misrepresented a material fact. 2. The defendant knew of the deception. 3. The defendant intended to influence the plaintiff to act or refrain from acting. 4. The plaintiff justifiably relied on the defendant’s misrepresentation. 5. The plaintiff was damaged as a resul

Answer 62

prove fraud

Question 63

can be defined as requiring the plaintiff to prove it is more substantially likely than not that the defendant is liable

Answer 63

Clear and convincing evidence

Question 64

includes what is referred to as “sales talk” where a seller tries to puff up or make a product seem more desirable to a buyer

Answer 64

puffery

Question 65

A person who induces another to breach a contract with a third party can be held liable for

Answer 65

Interference with contractual relationship

Question 66

1. There is a valid contract. 2. The defendant knew of the contract. 3. The defendant intentionally induced a party to breach the contract. 4. The plaintiff suffers damages.

Answer 66

prove interference with contractual relationship

Question 67

a business that unreasonably targets a competitor’s customers or engages them may be liable for

Answer 67

Interference with a prospective business advantage

Question 68

are torts occurring as part of computer-, internet-, or technology-related activities

Answer 68

cybertort

Question 69

an award of money calculated to compensate a person for the harm caused by the tortfeasor

Answer 69

compensatory damages

Question 70

are damages that arise “out of pocket” because of expenses incurred after the tortious act

Answer 70

special damages

Question 71

compensate for losses resulting from the tort that do not have a precise economic value

Answer 71

general damages

Question 72

a small amount of damages awarded for a minimal injury in certain torts even if the plaintiff cannot prove a tangible injury

Answer 72

Nominal damages

Question 73

money damages awarded primarily to punish the tortfeasor for outrageous behavior

Answer 73

Punitive damages

Question 74

similar to punitive damages but are generally derived only from statutes and are fixed by a preset amount or formula

Answer 74

Liquidated damages