Chapter 6

Question 1

Tort

Answer 1

A civil wrong not arising from a breach of contract.

Question 2

Intentional torts

Answer 2

Result from the intentional violation of person or property.

Question 3

Unintentional torts

Answer 3

Unintentional accident that leads to injury/damage.

Question 4

Invasion of privacy under the common law

Answer 4

• Intrusion into an individual’s affairs or seclusion
• False light
• Public disclosure of private facts
• Appropriation of identity

Question 5

Appropriation of identity

Answer 5

Using a person’s name/picture without their permission for commercial purposes.

Question 6

Fraud

Answer 6

Any misrepresentation knowingly made with the intention of deceiving another.

Question 7

The tort of fraud includes several elements

Answer 7

• Misrepresentation of facts with knowledge that they’re false
• Intent to induce another party to rely on the misrepresentation
• A justifiable reliance on the misinterpretation by the deceived party
• Damages suffered as a result
• Connection between misinterpretation and injury

Question 8

Puffery

Answer 8

A salesperson’s exaggerated claims concerning the quality of goods.

Question 9

Interference Claim

Answer 9

Interference with a contract or interference with a business.

Question 10

Intentional torts against property include

Answer 10

• Trespass to land
• Trespass to person property
• Conversion
• Disparagement of property

Question 11

Real Property

Answer 11

Land and things permanently attached to the land.

Question 12

Personal Property

Answer 12

Consists of all other items.

Question 13

Trespass to land

Answer 13

The entry onto, above, or below the surface of land owned by another without the owner’s permission.

Question 14

Liability for harm

Answer 14

A trespasser is liable for any damage caused to the property or injuries sustained.

Question 15

Licensee

Answer 15

One who receives a license to use or enter another’s property.

Question 16

Trespass to personal property

Answer 16

The unlawful taking or harming of another’s personal property.

Question 17

Conversion

Answer 17

The wrongful taking, using, or retaining possession of personal property that belongs to another.

Question 18

Disparagement of property

Answer 18

An economically false statement made about another person’s property.

Question 19

Negligence

Answer 19

Failure to exercise the standard of care of a reasonable person.

Question 20

To succeed in a negligence action, the plaintiff must prove

Answer 20

• Duty
• Breach
• Causation
• Damages

Question 21

Two requirements of causation needed to be met

Answer 21

• Causation in fact
• Proximate Cause

Question 22

Causation in fact

Answer 22

An act without (“but for”) which an event had not occurred.

Question 23

Proximate Cause

Answer 23

Legal cause exists when the connection between an act and injury is strong enough to justify imposing liability.

• Needs to be foreseeable

Question 24

Abuse of process

Answer 24

Applies to any person using a legal process against another in an improper manner.

Question 25

Duty to care

Answer 25

The duty of all people to exercise a reasonable amount of care in dealing with others.

Question 26

Determining whether the duty has been breached

Answer 26

- The nature of the act - The manner in which the act was performed - The nature of the injury

Question 27

Reasonable person standard

Answer 27

The standard behavior expected of a reasonable person against which negligence is measured.

Question 28

Compensatory damages are

Answer 28

The norm in negligence cases.

Question 29

Good Samaritan Statute

Answer 29

A state statute that provides that persons who rescue or provide aid to others in peril, unless done recklessly, cannot be sued for negligence.

Question 30

Dram Shop Act

Answer 30

A state statute that imposes liability on the owners of bars/taverns or those who serve alcohol to the public for injuries resulting from accidents caused by intoxicated persons when they distributed the alcohol.

Question 31

3 basic affirmative defenses in negligence cases

Answer 31

- Assumption of risk - Superseding cause - Contributory and comparative negligence

Question 32

Assumption of risk

Answer 32

Defense that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

Question 33

Superseding Cause

Answer 33

An intervening force or event that breaks the connection between a wrongful act and an injury to another. - Relieves the defendant of liability

Question 34

Contributory Negligence

Answer 34

Theory in tort law under which a complaining party’s own negligence contributed to their injuries. - Absolute bar to recovery in a minority of jurisdictions

Question 35

Comparative Negligence

Answer 35

Compare the negligence of the parties; lets plaintiff recover a percentage of their damages based on how much they’re at fault.