Blaw Chp. 6 Online

True or False: The basic purpose of tort law is to punish criminal wrongdoers.
False
special damages
punitive damages
compensatory damages
general damages
two broad classifications of torts
unintentional and intentional
Because an intentional tort requires intent, a harmful motive is required.
false
A person who commits a tort is known as a:
tortfeasor
battery
assault
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
Which of the following 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
defamation
a false statement of fact, not made under privilege, that is communicated to a third person that causes damage to a person’s reputation. For public figures, the plaintiff must also prove that the statement was made with actual malice
Invasion of privacy
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.
fraudulent misrepresentation
.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

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship.
A third party must unintentionally cause one of the parties to break the contract.
True or False. In our freely competitive economy, businesses have no limits on how they can attract customers.
false
Competing via aggressive marketing and advertising strategies is ____ interference with a business relationship.
usually permissible
True or False. Trespass to land has nothing to do with obtaining permission for use of that land.
false
Trespassing rules
1. Trespass to land requires that a person remains
on the land.

2. For trespass to land occur you have to enter
onto, above, or below the land surface owned by another.

3. A real property owner must establish
that a person is a trespasser.

4. A guest in your home is typically not
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
trespass to land
t or f? When you borrow a friend’s tablet device and refuse to give it back, you have committed trespass to land.
false
Which of the following acts normally do NOT constitutes a conversion?
Temporarily borrowing a friend’s textbook and then returning it.
Disparagement of property
occurs when economically injurious falsehoods are made about another’s product or property
slander of title
publishing false information about another’s legal ownership of property that results in financial loss to the property’s owner.
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
the elements required to succeed in a negligence action in the order in which they are normally considered.
duty>breach>causation>damages
Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?
No, because stoves get hot and some people get burned when they are careless.
The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.
false
Facts about
1. Those who enter retail premises are called business invitees
2. Store owners must warn business invitees of foreseeable
risks.
3. A landowner has a duty to discover and remove any hidden
dangers to customers or other invitees.
4. When risks are so obvious
, owners need not warn of them.
An attorney’s conduct is judged by the reasonable person standard.
false
Which of the following questions does a court NOT ask to determine whether the requirement of causation is met?
Was there intent?
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?
false
Assumption of risk does NOT require:
seeking out the riskiest activities.
An intervening event that acts as a superseding (overriding) cause may relieve the defendant of liability for injuries caused by the intervening event.
True
contributory negligence
comparative negligence
Facts…
1. Negligence per se
may occur if an individual violates a statute or ordinance and thereby causes the kind of harm that the statute was intended to prevent.

2. Good Samaritan
statutes exist to protect, as an example, medical personnel who volunteer their services in emergency situations.

3. Dram
-shop acts imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar.

Under the doctrine of strict liability, liability for injury is imposed for reasons other than ____
fault
James carefully stores toxic waste in his factory. In spite of his care, the toxic waste leaks and harms Francis, his neighbor. James is not liable because the leak was not his fault.
false
Mark is a famous syndicated radio personality for TalkRadio. He has a distinctive voice and manner of speaking. MoreTalk hires Gordon, who sounds nearly identical to Mark, to host a competing show. MoreTalk encourages Gordon to imitate Mark as closely as possible while on the air. MoreTalk is most likely to be liable for
appropriation.
Astor Manufacturing stores hazardous and volatile chemicals in its warehouse. The warehouse has state of the art equipment to make sure the chemicals do not explode. An unexpected earthquake shakes the warehouse, causing the chemicals to explode and injure William, a passer-by on a nearby sidewalk. Astor Manufacturing is
strictly liable for William’s injuries.
Ted is running down the sidewalk at a high rate a speed and bumps into Robin, knocking her down. She jumps back up and continues on. In a negligence action, all of the following elements would be met except:
damages.
Adam sells audio and video equipment. He tells a customer, Abbey, “This MP3 player is the best one ever made.” Adam’s statement is:
Puffery
Doug obtains permission to be on Nathan’s land for one day to hold a four-wheeling event. Doug’s truck breaks down, and instead of removing it, he leaves it on Nathan’s property for several days after the event. Doug has most likely committed
trespass to land.
Austin, Texas has passed a local ordinance that provides all motor vehicles must provide at least three feet of clearance when passing a bicycle. Ted is driving his vehicle and accidentally hits Zoey. His actions of violating the local ordinance and hitting Zoey constitute
negligence per se
Andy decides to go skydiving for his 40th birthday. He signs a waiver, boards the plane and prepares for the jump. Everything is going smoothly until just before landing a down draft forces Andy down at a much faster rate into the ground, causing injury to both of his legs. Andy will likely not be able to recover for his injuries under the defense of
assumption of the risk.
John becomes seriously ill while vacationing at a remote island resort. Dr. Smith is vacationing at the same resort. Because it is an emergency and no one else is available, the doctor treats John until he can be flown to the mainland. John’s illness is outside of Dr. Smith’s area of expertise, and the treatment she provides causes permanent damage to Frank. If John sues Dr. Smith, he can defend himself under
Good Samaritan statutes.
The members of the City High soccer team have been training with Hanson, a personal trainer who charges by the hour, for several years. Bob, the soccer coach, tells the team members that they must now train with Martin, not Hanson, or they will be kicked off the team. All of Hanson’s clients immediately stop training with Hanson. Bob is most likely to have committed
wrongful interference with a business relationship.
While Jessica, Ashley, and Bryan are snowboarding, they ignore warning signs indicating that they have left the marked trail and are entering dangerous territory. They become lost, and a rescue effort begins. Climbing the mountain, a snowplow accidentally cuts a nearby town’s main electrical cable. Due to the loss of her electric heat, Ethel, an elderly woman, dies of hypothermia. The boarders’ negligence in ignoring the warning signs is
the causation in fact, but not the proximate cause, of Ethel’s death.
Ethan is larger and stronger than Nate. Ethan threatens to beat Nate, punches Nate in the face, and knocks out Nate’s tooth. Nate may bring a lawsuit against Ethan
for assault and battery.
Cory opens a small jewelry store but has difficulty competing with Bling Jewels, a much larger firm. In his newspaper ad, Cory includes the false statement, “Bling Jewels sells stolen diamonds.” Bling experiences an immediate decrease in sales. Cory has most likely committed the tort of
slander of title.
Southern Trucking arrived at WoodCo to pick up a shipment of wood furniture. When the Southern Trucking driver was backing up his truck into the loading dock, the truck accidentally crushed a pallet of valuable wood tables and bedframes. Southern Trucking is
liable for compensatory damages.
Orson takes Harrison’s car without Harrison’s permission and without just cause. Orson has probably committed the tort of conversion unless he can show that
Harrison does not really own the car.
Mel sent Jasper an e-mail message telling Jasper that his wife had been killed in a car accident, and Mel knew this was untrue. Jasper may be able to sue Mel for
infliction of emotional distress.