Chapter 6 : Tort Law

What is a tort?

A civil wrong that causes injury or harm to another

Can a business recover general damages equivalent to actual damage value in tort?

No, general damages cover non-monetary aspects like pain and suffering

What type of damages are awarded to punish wrongdoers and deter others?

Punitive damages

What is needed to prove an intentional tort?

The intent to commit the act, not necessarily to harm

What is the tort of assault?

An act that creates a reasonable fear of immediate harmful or offensive contact

What defines battery in tort law?

Unexcused, harmful, or offensive physical contact with another

What is false imprisonment?

Confining another person without justification

What is required to prove defamation?

A false statement of fact communicated to a third party causing harm

What is libel?

Defamation in writing or other permanent form

What is slander?

Defamation through spoken words

Can puffery lead to fraud liability?

No, puffery is not considered fraudulent misrepresentation

What is wrongful interference with a business relationship?

Improperly interfering with a business's existing or prospective relationships

What is trespass to personal property?

Wrongful interference with another’s use or enjoyment of personal property

What is conversion?

Taking or retaining another’s personal property without permission

What is slander of title?

Publishing false information that questions another’s ownership of property

What must be shown for negligence?

Duty, breach, causation, and damages

What is proximate cause?

A foreseeable connection between the act and the injury

What standard is a professional held to?

The standard of care of a reasonably competent professional in the same field

What is comparative negligence?

Reducing damages based on each party’s degree of fault

What does assumption of risk mean?

A plaintiff knowingly and voluntarily assumes the risks inherent to an activity

What do Good Samaritan statutes protect?

Medical personnel helping in emergencies from liability

What is required for fraud?

Misrepresentation of a material fact with intent to induce reliance, justifiable reliance, and damages

What is slander of quality?

Publishing false information about a business’s product quality

What is invasion of privacy in tort law?

Publicly disclosing private facts, appropriation, intrusion, or false light portrayal

What damages can be recovered in a successful tort action?

Compensatory, general, special, and possibly punitive damages

In negligence, what is the "reasonable person" standard?

How an ordinary person would act in the same situation

What is the 50% rule in comparative negligence?

A plaintiff who is more than 50% at fault cannot recover damages

What tort involves hacking into a company’s computer system?

Conversion

When can a social host be liable under a dram shop act?

When they serve alcohol and a guest causes injury due to intoxication

What type of injury does strict liability usually cover?

Injury caused by abnormally dangerous activities regardless of fault