Chapter 6 True/False – Flashcards

Two notions serve as the basis for all torts: wrongs and compensation

Tort law provides remedies for acts that cause personal injury but not for acts that interfere with physical security

The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant

Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing

A successful defense releases the defendant from partial or full liability for a tortious act

There are three broad classifications of torts: intentional torts, unintentional torts, and accidental torts

Moral pressure constitutes false imprisonment

When outrageous conduct consists of speech about a public figure, the First Amendment's guarantee of freedom of speech limits emotional distress claims

A misrepresentation leads another to believer in a condition that is different from the condition that actually exists

For fraud to occur, seller's talk must be involved

Abuse of process applies to any person using a legal process against another in an improper manner

Specifically targeting the customers of a competitor is always a legitimate business practice

The tort of trespass to land is designed to protect the right of an owner to exclusive possession

Most states do not allow automobile repair shops to hold a customer's car when the customer refuses to pay for repairs already completed

Failure to live up to a standard of care may be an act or an omission

The duty to exercise reasonable care requires storeowners to warn business invitees of all risks

Judges use proximate cause to limit the scope of a defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's negligence

Negligence per se may occur if an individual violates a statute or an ordinance providing for a criminal penalty and the violation causes another to be injured

Courts apply the assumption of risk doctrine only in emergency situations

Under the doctrine of comparative negligence, only the plaintiff's negligence is computed and the liability for damages is distributed accordingly