Chapter 7: TORTS - Intentional Torts and Negligence

A set of QA-style flashcards covering key concepts from Chapter 7: Tort law, including intentional torts, defenses, defamation, privacy torts, property torts, economic torts, negligence, strict liability, and damages.

What is a tort?

A civil wrong or injury to another (not arising from a breach of contract) that allows the injured party to sue for compensation for economic or physical damages.

Name the three classifications of torts.

Intentional Torts, Negligent Torts, and Strict Liability Torts.

What distinguishes an intentional tort?

The defendant acts with purpose or knowledge that certain consequences are likely to result.

What distinguishes a negligent tort?

The defendant acts carelessly, creating an unreasonable risk of harm.

What distinguishes strict liability torts?

The defendant undertakes an inherently dangerous activity, imposing liability regardless of precautions.

What is assault?

Placing another in immediate apprehension for their physical safety (the expectation of being harmed).

What is battery?

Illegal touching of another without justification or consent.

What is a defense of consent to a battery claim?

Consent to the conduct, e.g., sports, medical procedures.

What is self-defense?

Using force reasonably necessary to defend oneself from violence.

What is defense of others?

Using force reasonably to defend another person from harm.

What is defense of property?

Reasonable force to protect property, but not deadly force.

What is defamation?

Intentional publication of a false statement harming a person’s reputation.

What is libel?

Defamation published in permanent form (e.g., magazines, newspapers).

What is slander?

Defamation made orally.

What is truth as a defense to defamation?

True statements are not defamatory, even if negative.

What is conditional privilege?

Speech protected by the First Amendment or job-related privileges; false statements under conditional privilege require actual malice.

What is actual malice?

Knowledge that the statement was false or reckless disregard for truth.

What is false light?

Publicity that creates a false impression about a person.

What is public disclosure of private facts?

Publishing private facts that would embarrass the person without public benefit.

What is appropriation for commercial gain?

Using a person’s name or likeness for commercial gain without permission.

What is intrusion on seclusion?

Invasion of privacy, such as wiretapping or filming.

What is trespass to realty?

Intentional entry onto land without permission, staying after told to depart, placing objects on land without permission, or failing to remove placed items.

Who is an invitee?

A customer; landowner owes ordinary care to keep premises reasonably safe and warn of hidden dangers.

What duty does an invitee owe?

Ordinary care to keep premises reasonably safe and warn of hidden dangers.

Who is a licensee?

Someone who enters land lawfully for their own purposes (e.g., salesperson); duty to avoid willful/wanton injury and warn of hidden dangers.

What duty does a licensee owe?

Avoid willful and wanton injury; warn of hidden dangers.

Who is a trespasser?

A person on land without permission; generally no duty except to avoid willful and wanton injury.

What is trespass to personal property?

Temporary control over another’s personal property or interference with the owner’s use.

What is an example of trespass to personal property?

Borrowing someone’s bike without permission and returning it.

What is private nuisance?

Unreasonable use of one’s property that harms a neighbor’s use or enjoyment.

What is a public nuisance?

A nuisance that affects the community as a whole.

Give an example of private nuisance.

A huge bonfire in a backyard with smoke drifting onto a neighbor’s property.

Give an example of a public nuisance.

Loud concerts with large crowds affecting the community.

What is conversion?

Permanent removal of personal property from the owner’s possession and control.

What is disparagement?

A false statement of material fact resulting in damage to a business’s or product’s reputation.

What is intentional interference with contract (elements)?

Existing valid contract; knowledge of the contract; intentional acts to cause breach; plaintiff injured by the breach.

What is unfair competition?

A tort against economic interests where the defendant unreasonably interferes with the plaintiff’s opportunity to earn a profit (e.g., trademark infringement, deceptive advertising).

What are the elements of fraudulent misrepresentation?

Knowingly or with reckless disregard misrepresented material facts; intended reliance; reasonable reliance; damages due to reliance.

What is negligence?

The failure to exercise reasonable care to protect another’s person or property, causing an unreasonable risk of harm.

What are the elements of negligence?

Duty; Breach; Causation (Actual and Proximate); Damages.

What did Palsgraf v. Long Island Railroad Co. establish?

Proximate cause in negligence doctrine.

What is res ipsa loquitur?

The thing speaks for itself; the event ordinarily does not occur without negligence; other causes are eliminated; negligence is within the defendant’s duty.

What is negligence per se?

Application of negligence when a statute enacted to prevent a certain harm to a specific group is violated (e.g., selling alcohol to minors).

What is contributory negligence?

A defense where the plaintiff’s own negligence can bar liability; last-clear-chance doctrine mitigates harshness.

What is comparative negligence?

Damages are reduced by the plaintiff’s degree of fault; Pure vs Modified (50% threshold).

What is assumption of the risk?

Plaintiff voluntarily assumed the risk of the actual harm suffered.

What is a superseding cause?

An event after an accident that makes the injury worse and may relieve the defendant of liability.

What is strict liability?

Liability without fault for certain activities or products, regardless of precautions.

What are ultrahazardous activities?

Explosives/poisons; keeping dangerous animals; storing large quantities of liquids.

What is strict products liability?

Liability arising from the commercial sale of dangerous/defective products; applies to all parties in the supply chain.

What are the two forms of product defect?

Manufacturing defect and design defect.

What is a manufacturing defect?

Product not made to the manufacturer’s own standards.

What is a design defect?

Product made to standards but unsafe due to design.

What are compensatory damages?

Damages designed to compensate the victim for all harm, including medical expenses, economic loss, and pain and suffering.

What are nominal damages?

Nominal sums awarded to recognize a tort occurred when no actual damages were proven.

What are punitive damages?

Damages intended to punish extreme or outrageous conduct and deter similar conduct in the future.

What did State Farm v. Campbell (2003) establish about punitive damages?

Excessive punitive awards violate due process; consider egregiousness, ratio to actual damages, and comparison to civil/criminal penalties; ratio should be less than 10:1.

What ratio guideline did State Farm v. Campbell suggest for punitive damages?

Less than 10:1 (punitive to actual damages).