Ba 230 Quiz 5

Front 1

A private wrong for which the law gives remedy between two parties?

Back 1

TORT

Front 2

Intentional tort definition

Back 2

when you intended to take the act that harmed someone. Doesn't mean you intentionally hurt someone

Front 3

intentional torts are typically

Back 3

crimes

Front 4

whats defimation?

Back 4

make false statement that injure their reputation

Front 5

this is a statement of an untruth that harms a reputation

Back 5

defimation

Front 6

The unreasonable holding of somebody without reasonable cause. also holding them in a reasonable time or place

Back 6

false imprisonment

Front 7

define battery

Back 7

any unwanted harmful or offensive touching of another person.

Front 8

if a licensed doctor proforms surgery on the wrong leg of a patient then its considered

Back 8

medical battery

Front 9

whats the definition of assault

Back 9

putting another person in a reasonable fear that causes them to be in fear of a battery

Front 10

intentionally decieve another person to injure them. what must this be

Back 10

fraud, it must be an expression of fact

Front 11

If someone commits a tort that injures you you have the right to

Back 11

damages

Front 12

The actual costs and loses to the injured is call what? 3 examples

Back 12

conpensatory damages- loss of paycheck, medical bills, and pain and suffering

Front 13

What are punitive damages?

Back 13

damages against the wrong duer to punish the wrong doer to set an example, $ goes to injured

Front 14

what is the single recovery rule?

Back 14

you can only sue once, you can't sue for things down the road ie arthritis due to accident

Front 15

If a company wrongfully interfers with a contract?

Back 15

tortuous interference w/a contract

Front 16

define an intrusion?

Back 16

make someones private life public, and a REASONABLE person would be offended

Front 17

this is when a business uses someones likeness without their permission? 3 examples

Back 17

Commercial Exploitation- using a song in a commercial, using their image or voice, or even a voice imitation similar to them

Front 18

this is an accidental harming of someone unintentionally harming another person?

Back 18

negligence

Front 19

What is the rule with negligence

Back 19

every single person has a duty to prevent harm to others

Front 20

Reasonable Person Standard=

Back 20

Ordinarily Prudent Person

Front 21

What is the professional standard of care?

Back 21

There is a difference when talking about PROS - Pro or ordinary heart surgeon

Front 22

what are the 4 elements of a negligence claim?

Back 22

did the defendant owe plantiff a duty of due care, did defendan breech duty, was the breech the cause of plantiffs injury, and did plantiff suffer a legally recognized injury

Front 23

Whats the question being answered in the first step of a negligence claim- did the defendent owe plantiff a duty of due care?

Back 23

was it forseen

Front 24

two steps to help answer if the defendants breach the cause of plantiffs injury?

Back 24

cause in fact and proximate cause

Front 25

what is the cause in fact problem?

Back 25

the but for test, it extends reliability

Front 26

What is proximate cause test?

Back 26

was it an unforseeable consequence, if so cannot make defendat guilty and he's not liable

Front 27

What is proximate cause test?

Back 27

was it an unforseeable consequence, if so cannot make defendat guilty and he's not liable

Front 28

How is a landowners duty to those on his land variable?

Back 28

it depends on who the person is

Front 29

How is a landowners duty to those on his land variable?

Back 29

it depends on who the person is

Front 30

Trespassers on my land make me liable for what

Back 30

intended acts only, not liable if its result of random act. if i set a bear trap so i catch trespassers its illegal

Front 31

Trespassers on my land make me liable for what

Back 31

intended acts only, not liable if its result of random act. if i set a bear trap so i catch trespassers its illegal

Front 32

definition of a licensee

Back 32

they've been invited and allowed, Party goers

Front 33

definition of a licensee

Back 33

they've been invited and allowed, Party goers

Front 34

When are you liable for licensee's on your land

Back 34

if you fail to warn them of HIDDEN dangers

Front 35

When are you liable for licensee's on your land

Back 35

if you fail to warn them of HIDDEN dangers

Front 36

definition of an invitee?

Back 36

any customer in a grocery store, people your trying to sell stuff to

Front 37

definition of an invitee?

Back 37

any customer in a grocery store, people your trying to sell stuff to

Front 38

This means the thing speaks for itself

Back 38

Res Ipsa Loquitur

Front 39

This means the thing speaks for itself

Back 39

Res Ipsa Loquitur

Front 40

If the injury is abnormal with out negligence then what happens?

Back 40

it shifts the burden of proof to the defendant to prove they weren't negligent

Front 41

If the injury is abnormal with out negligence then what happens?

Back 41

it shifts the burden of proof to the defendant to prove they weren't negligent

Front 42

If you danger another person, and a rescuer is hurt then your liable, whats this called

Back 42

danger invites rescue doctrine

Front 43

If you danger another person, and a rescuer is hurt then your liable, whats this called

Back 43

danger invites rescue doctrine

Front 44

what are 3 defenses to negligence action?

Back 44

Assumption of the risk, contributory negligence, and comparative negligence

Front 45

what are 3 defenses to negligence action?

Back 45

Assumption of the risk, contributory negligence, and comparative negligence

Front 46

whats the assumption of the risk?

Back 46

if a person voluntarily approaches a known harm, they don't get any recovery

Front 47

Whats contributory negligence?

Back 47

if the injured party was negligent in any degree, they get no recovery

Front 48

What is comparative negligence? how is it paid out?

Back 48

where both parties are both partially at fault. you decide %'s and recovery is given by that %

Front 49

This happens when liability with out showing fault or negligence, only when person being sued is engaged in extremely dangerous activities

Back 49

Strict liability

Front 50

whats a written defamation?

Back 50

libel

Front 51

oral defamation

Back 51

slander

Front 52

________ is generally a valid defense in a defamation suit?

Back 52

opinion

Front 53

this means that the defendant in a defamation suit knew his or her statement was false or acted with reckless disregard of the truth?

Back 53

actual malice

Front 54

punish the defendant for conduct that is extreme and outrageous

Back 54

punitive damages

Front 55

A store manager who believes a customer has stolen something may question him but not restrain him

Back 55

true

Front 56

Becky punches kelliy in the nose shes commited a tort of assault

Back 56

false

Front 57

A defendant cannot be liable for defamation if the statement is true

Back 57

true

Front 58

in most cases a winning plaintiff receives compensatory and punitive damages

Back 58

false

Front 59

A valid defense in a defamation suit it

Back 59

opinion