LS3323 – Chapter 6 – Flashcards
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The basic purpose of tort law is to punish criminal wrongdoers.
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False
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Intended to compensate or reimburse a plaintiff for actual losses.
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Compensatory Damages
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Intended to compensate the plaintiff for quantifiable monetary losses, such as medical expenses.
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Special Damages
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Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing.
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Punitive Damages
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Intended to compensate individuals for the nonmonetary aspects of the harm suffered from a tort, such as pain and suffering.
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General Damages
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Choose the correct two broad classifications of torts.
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unintentional torts;intentional torts
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Because an intentional tort requires intent, a harmful motive is required.
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False
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A person who commits a tort is known as a
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tortfeasor
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An unexcused and harmful or offensive physical contact intentionally performed.
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Battery
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Any intentional and unexcused threat of immediate harmful or offensive contact.
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Assault
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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
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for assault and battery because there was both a threat and a harmful action.
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Which of the following has nothing to do with false imprisonment?
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You are made fearful of unwanted and possibly harmful contact with another person.
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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 Larson knew that it was untrue.
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infliction of emotional distress
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Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship.
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A third party must unintentionally cause one of the parties to break the contract.
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In our freely competitive economy, business have no limits on how they can attract customers.
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False
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Competing via aggressive marketing and advertising strategies is ________________ interference with a business relationship.
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usually permissible
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Trespass to land has nothing to do with obtaining permission for use of that land.
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False
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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
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trespass to land
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When you borrow a friend's tablet device and refuse to give it back, you have committed trespass to land.
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False
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Which of the following acts normally does NOT constitute a conversion?
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Temporarily borrowing a friend's textbook and then returning it.
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Publishing false information about another's legal ownership of property that results in financial loss to the property's owner.
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Slander of Title
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Occurs when economically injurious falsehoods are made about another's product or property.
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Disparagement of Property
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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.
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True
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Place the elements required to succeed in a negligence action in the order in which they are normally considered.
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__1__ Duty __2__ Breach of Duty __3__ Causation __4__ Damages
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Cooktop, Inc., manufactures cooktops on which Juarez burns his fingers. Has Cooktop, Inc. unreasonably violated its standard duty of care?
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No, because stoves get hot and some people get burned when they are careless.
