Ch.9 Torts (Business Law) – Flashcards
83 test answers
Unlock all answers in this set
Unlock answers 83question
What is a tort?
answer
A tort is an interference with someone's person or property.
Unlock the answer
question
Examples of tort?
answer
Entering someone's house without his or her permission is an interference and constitutes the tort of trespass. Causing someone's character to be questioned is a wrong against the person and it is the tort of defamation.
Unlock the answer
question
What is the difference between a crime and a tort?
answer
A crime is a wrong that arises from violation of a public duty whereas a tort is a wrong that arises from a violation of private duty.
Unlock the answer
question
For the person who experiences the direct harm?
answer
The act is called a tort.
Unlock the answer
question
For the government, the same act is called?
answer
A crime.
Unlock the answer
question
What happens if the act is both a crime and a tort?
answer
The government might prosecute the wrongdoer for a violation of criminal law, and the individual who experiences direct harm may recover damages.
Unlock the answer
question
The law provides protection against these harms,
answer
In the form of remedies awarded after the wrongs are committed.
Unlock the answer
question
What are the three types of torts?
answer
Intentional tort, negligence and strict liability.
Unlock the answer
question
Intentional Tort
answer
Intentional torts are those that occur when wrongdoers engage in intentional conduct.
Unlock the answer
question
An example of intentional tort
answer
Striking another person in a fight is an intentional act and would be the tort of battery and possibly also the crime of battery.
Unlock the answer
question
Tort of negligence
answer
Careless actions, or actions taken without thinking through their consequences.
Unlock the answer
question
An example of negligence
answer
Running a red light and hitting another car causing the driver to spin out of control and hit a streetlight. The driver who spun out of control can charge the person who ran the red light on person.
Unlock the answer
question
In transmission of disease cases, depending on the facts,
answer
Both intentional torts and negligence theories may apply.
Unlock the answer
question
Strict liability
answer
Is another type of tort that imposes liability without regard to whether there was any intent to harm or any negligence occurred. Strict liability is imposed without regard to fault.
Unlock the answer
question
Why is strict or absolute liability imposed?
answer
It is imposed because the activity involved is so dangerous that there must be full accountability.
Unlock the answer
question
An example of strict liability
answer
When a construction team is using explosives or dynamite to take down a building or a bridge. They are held with full accountability for the person, or persons or properties that get damaged in the process.
Unlock the answer
question
Assault
answer
Is intentional conduct that threatens a person with a well-founded fear of imminent harm coupled with the present ability to carry out the threat of harm.
Unlock the answer
question
Example of assault
answer
The angry assertion "I'm going to kick your butt" along with aggressive movement in the direction of the victim with the intent to carry out the threat is an assault, even though a third person intervenes to stop the intended action.
Unlock the answer
question
Battery
answer
Is the intentional, wrongful touching of another person without that person's consent. Thus the threat to use force is an assault and the actual use of force is battery.
Unlock the answer
question
Example of battery
answer
When someone puts hands on you.
Unlock the answer
question
Thus, a threat to use force is an______, and the actual use of force is the______.
answer
1) assault 2) battery
Unlock the answer
question
True/False. The single action of striking an individual can be both a crime and a tort.
answer
True.
Unlock the answer
question
False Imprisonment
answer
Is the intentional detention of a person without that person's consent. The detention need not be for any specified period of time, for any detention against one's will is false imprisonment.
Unlock the answer
question
What is false imprisonment often called?
answer
It is often called the shopkeepers tort because so much liability has been imposed on store owners for their unreasonable detention of customers suspected of shoplifting.
Unlock the answer
question
Shopkeepers privilege
answer
Permits the store owner to detain a suspected shoplifter based on reasonable suspicion for a reasonable time without resulting liability for false imprisonment to the accused customer.
Unlock the answer
question
Intentional infliction of emotional distress (IIED)
answer
A tort involving conduct that goes beyond all bounds of decency and produces mental anguish in the harmed individual. This tort requires proof of outrageous conduct and resulting emotional distress in the victim.
Unlock the answer
question
The right of privacy
answer
Tort of intentional intrusion into the private affairs of another.
Unlock the answer
question
Invasion of privacy
answer
This actually consists of three different torts: (1) Intrusion into the plaintiffs private affairs. (2)Public disclosure of private facts. (3)appropriation of another's name, likeness, or image for commercial advantage.
Unlock the answer
question
Right of publicity
answer
The third tort from invasion of privacy.
Unlock the answer
question
What are the elements for the right of publicity tort?
answer
The elements are: (1) appropriation of the plaintiffs name or likeness for the value associated with it, and not in an incidental manner or for a newsworthy purpose. (2) identification of the plaintiff in the publication. (3) an advantage or benefit to the defendant.
Unlock the answer
question
Why was the right to publicity designed?
answer
It was designed to protect the commercial interest of celebrities in their identities.
Unlock the answer
question
Commercial misappropriation of a name or likeness
answer
Some states refer to the right of publicity as this. They also provide two vehicles a plaintiff can use to protect the economic value of one's name: a common law action or a statutory remedy.
Unlock the answer
question
Defamation
answer
An untrue statement by one party about another to a third party.
Unlock the answer
question
The elements for defamation
answer
The elements for defamation are: (1) a statement about a person's reputation, honesty, or integrity that is untrue. (2) publication (accomplished when a third party hears or reads the defamatory statement); (3) a statement directed at a particular person; (4) damages that result from the statement.
Unlock the answer
question
What element is required if the victim is a public figure?
answer
The element of malice, which means that what was said or written was done with the knowledge that the information was false or with reckless disregard for whether it was true or not.
Unlock the answer
question
What is the defense to defamation?
answer
It's the truth.
Unlock the answer
question
True/False. If the statement is true, even if it is harmful to the victim, it is the tort of defamation.
answer
False. It would not be the tort of defamation.
Unlock the answer
question
Slander
answer
An oral or spoken defamation.
Unlock the answer
question
Libel
answer
Written (and in some cases broadcast) defamation.
Unlock the answer
question
Absolute privilege
answer
Complete defense against the tort of defamation, as in the speeches of members of congress on the floor and witnesses in a trial.
Unlock the answer
question
Some statements are privileged
answer
And this privilege provides a full or partial defense to the tort of defamation.
Unlock the answer
question
An example of absolute privilege
answer
Members of congress enjoy an absolute privilege when they are speaking on the floor of the Senate or the House because public policy requires a free dialogue on the issues pending in a legislative body. The same applies to a witness in court proceedings who has information to come forward and testify.
Unlock the answer
question
Where a witness is granted immunity from prosecution testifies before a governmental agency,
answer
the witness is entitled to immunity from defamation cases.
Unlock the answer
question
Qualified privilege
answer
Media privilege to print inaccurate information without liability for defamation, so long as a retraction is printed and there was no malice.
Unlock the answer
question
Qualified privilege in the workplace
answer
A qualified privilege to make a defamatory statement in the workplace exists when the statement is made to protect the interests of the private employer on a work related matter, especially when reporting actual or suspected wrongdoings.
Unlock the answer
question
Slander of title
answer
Malicious making of false statements as to a seller's title.
Unlock the answer
question
Trade libel
answer
Written defamation about a product of service.
Unlock the answer
question
Product disparagement
answer
Slander of title and trade libel are known as product disparagement which occurs when someone makes false statements about another business, is products or it's ability.
Unlock the answer
question
The elements of product disparagement are:
answer
(1) a false statement about a particular business product or about its service in terms of honesty, reputation, ability, or integrity; (2) communication of the statement to a third party; and (3) damages.
Unlock the answer
question
Contract interference
answer
Or (the tortious inference with contracts). Tort in which a third party interferes with other's freedom to contract.
Unlock the answer
question
While the elements required to establish the tort of contract interference is complex, a basic definition is:
answer
That the law affords a remedy when a third party intentional causes another to break a contract already in existence.
Unlock the answer
question
Trespass
answer
unauthorized action with respect to land or personal property.
Unlock the answer
question
Trespass to land
answer
Any unpermitted entry below, on, across, or above the land of another.
Unlock the answer
question
Trespass to personal property
answer
The invasion of personal property without permission from the owner.
Unlock the answer
question
The first element of negligence is:
answer
Duty.
Unlock the answer
question
What is duty?
answer
There is a general duty of care imposed to act as a reasonably prudent person would in similar circumstances.
Unlock the answer
question
Malpractice
answer
When services are not properly rendered in accordance with commonly accepted standards; negligence by a professional in performing his or her skill.
Unlock the answer
question
To avoid liability for malpractice
answer
A professional must perform his or her skill in the same manner, as, and at the level of, other professionals in the same field.
Unlock the answer
question
The second element of negligence:
answer
Breach of duty.
Unlock the answer
question
Breach of duty
answer
Was imposed by statute or by the application of the reasonable person standard.
Unlock the answer
question
The third element in negligence:
answer
Causation.
Unlock the answer
question
Contributory negligence
answer
Negligence of the plaintiff that contributes to injury and at common law bars from the defendant although the defendant may have been more negligent than the plaintiff.
Unlock the answer
question
Joint and several liability
answer
Each defendant may be held liable to pay the entire judgement.
Unlock the answer
question
Concerning torts and crimes, choose the correct statement: a) every tort is a crime. b) every crime is a tort. c) no crime is a tort. d) a crime may also be a tort.
answer
d) a crime may also be a tort
Unlock the answer
question
John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for: a) defamation. b) wrongful interference with a contract. c) intentional inflection of emotional distress. d)trespass.
answer
c) intentional inflection of emotional distress.
Unlock the answer
question
Which of the following is a defense to defamation? a) slander b) libel c) truth d) none of the above
answer
c) truth
Unlock the answer
question
True/False. Some individuals are not subject to tort liability for defamation.
answer
True. Some statements are privileged; that, is there is a full or partial defense to defamation. Members of Congress, for example, when speaking on the House floor are absolutely immune from defamation so that there can be a free flow in ideas and information.
Unlock the answer
question
True/False. Negligence can be proven without showing actual damage.
answer
False. For a plaintiff to prevail in negligence, she must prove that she or her property was actually damaged.
Unlock the answer
question
True/False. Truth is generally an absolute defense to defamation.
answer
True. Truth is generally an absolute defense to defamation because the tort of defamation requires an "untrue" statement as one of the elements of the tort.
Unlock the answer
question
True/False. Strict liability commonly arises in situations in which a statutory duty is imposed or in product liability.
answer
True. Strict liability arises in a number of different circumstances, but the most common are in those situations in which a statutory duty is imposed and in product liability.
Unlock the answer
question
True/False. A store owner or employee may detain a customer for a reasonable time even if the customer has not shoplifted.
answer
True. The shopkeeper's privilege gives a store owner the right to detain a suspected shoplifter for a reasonable time if there is reasonable cause, regardless if the customer has taken anything.
Unlock the answer
question
Slander of title and trade libel are collectively known as product __________.
answer
Disparagement.
Unlock the answer
question
In a claim for negligence, the plaintiff must show the defendant breached a reasonable duty of care, which is:
answer
A reasonably prudent person, not any person.
Unlock the answer
question
Generally, torts arise from a violation of a ________ duty.
answer
Private. A tort arises from the violation of a private duty to our neighbor. For example, we have the private duty to tell the truth about our neighbor. Violation of that duty may give rise to the tort of defamation.
Unlock the answer
question
Torts can be classified as:
answer
Intentional, negligence, and strict liability. Examples include the intentional tort of defamation, negligence tort of malpractice, and the strict liability tort of product liability.
Unlock the answer
question
To successfully defend a claim of false imprisonment, a merchant must show:
answer
The merchant acted based on reasonable suspicion.
Unlock the answer
question
An absolute privilege is available as a defense to slander liability when:
answer
A witness testifies in a court proceeding.
Unlock the answer
question
Comparative negligence:
answer
Allows a comparison of negligence between plaintiff and defendant.
Unlock the answer
question
A shopkeeper may lose the shopkeeper's privilege if:
answer
The customer is kept an unreasonable amount of time.
Unlock the answer
