Chapter 10: Torts Affecting Business

Intentional

Jessica is angry at her husband and purposefully throws a heavy book at him, causing injury. Since Jessica's actions were deliberate rather than accidental, she can be held legally responsible for _____ tort.

Intend

Mark, frustrated after an argument, forcefully pushes a heavy box off a table, knowing that people are standing nearby. The box falls and injures Sarah. Even though Mark did not specifically _____ to hurt Sarah, his ACTIONS were certain to result in harm.

Assault

David angrily raises his fist and moves toward Jake as if he is about to punch him. Jake immediately flinches and fears he is about to be hit, even though David never actually makes contact. Jake can claim ________ because he was placed in immediate apprehension of physical harm.

Battery

During an argument, Lisa angrily hawk tuahs on Mark. Even though she did not physically strike him, her action was intentional and offensive. Since unwanted physical contact occurred, Mark can sue for ________.

Emotional Distress

A debt collector repeatedly calls Sarah in the middle of the night, yelling threats and using abusive language. As a result, Sarah develops severe anxiety and experiences frequent panic attacks. Since the collector's conduct was outrageous and intentionally caused her mental distress, Sarah may file a claim for ________.

Invasion of Privacy

A clothing company uses a famous athlete's photo in their advertisements without obtaining permission. The athlete did not consent to the use of their image and is not receiving any compensation. They can sue the company for ________.

Invasion of Privacy

Emma is staying in a hotel room when she discovers that a staff member secretly installed a hidden camera to record her without her knowledge or consent. Since this violates her expectation of privacy in a private space, she can sue for ________.

Invasion of Privacy

A hospital employee accesses a celebrity's private medical records without permission and shares details about their diagnosis on social media. Since this involves revealing highly sensitive personal information to the public, the celebrity can sue for ________.

False Imprisonment

A store security guard accuses Rachel of shoplifting and locks her in a back room for hours without evidence, refusing to let her leave even after she insists she did nothing wrong. Since Rachel was DETAINED against her will without justification, she can sue for ________.

Malicious Prosecution

A police officer, holding a personal grudge against Jake, falsely accuses him of theft and arrests him despite knowing there is no evidence of a crime. Since Jake was intentionally arrested without proper grounds, he can sue for ________.

Trespass to Land

Kevin ignores a "No Trespassing" sign and walks through his neighbor's backyard without permission. Even after the homeowner asks him to leave, he refuses and continues to stay on the property. Since he entered and remained on the land without consent, the homeowner can sue for ________.

Trespass to Chattels

Emma borrows her roommate's laptop without permission and accidentally spills coffee on it, causing significant damage. Since she interfered with her roommate's personal property without consent and caused harm, her roommate can sue for ________.

Conversion

Ryan borrows his friend's motorcycle without permission and takes it for a long ride. Along the way, he crashes the motorcycle, completely destroying it. Since his actions resulted in a serious and permanent deprivation of the owner's property, his friend can sue for ________.

Defamation

A news website falsely reports that a local business owner is involved in fraud, even though there is no evidence to support the claim. As a result, the business owner loses customers and suffers damage to their reputation. Since the false statement was published to a third party and harmed the individual's reputation, they can sue for ________.

Slander

What is the term for SPOKEN defamation?

Libel

What is the term for WRITTEN defamation, also including things said over the radio?

True

True or False: All of these are defenses to defamation. The statement is true, it arose from privileged communications, and the defendant made a statement to the plaintiff and no one else.

True

True or False: The News Media is NOT held to the same standard of defamation, because they are protected unless they are acting with reckless direction of the truth.

Fraud

A car dealer knowingly sells a used car with a faulty transmission but tells the buyer that the car is in "perfect condition." The buyer relies on this statement and purchases the car, only to discover the issue days later, leading to expensive repairs. Since the dealer intentionally misrepresented a material fact that the buyer relied upon to their detriment, the buyer can sue for ________.

Injurious Falsehood

A competing smartphone company falsely claims in advertisements that a rival brand's phones overheat and catch fire, even though there is no evidence to support this. As a result, sales of the rival brand drop significantly. Since the false statements harmed the company's PRODUCT rather than an individual's character, the rival company can sue for ________.

Tortious Interference

A tech company is aware that a talented software engineer is under a two-year employment contract with a competitor. Despite knowing about the contract, the tech company offers the engineer a higher salary and persuades them to break their contract early to join their team. The competitor loses a key employee and sues the tech company for ________.

Negligence

A grocery store employee mops the floor but forgets to put up a "Wet Floor" sign. A customer walks through the area, slips, and suffers a serious injury. Since the store failed to take reasonable precautions to prevent harm, the customer can sue for ________.

Duty of Care

A theme park operates a roller coaster and is responsible for ensuring the safety of its riders. The park's maintenance team fails to inspect the ride regularly, and a loose safety harness causes a rider to be injured. Since the park had a responsibility to ensure the ride was safe for its guests, the injured rider can argue that the park breached its ________ under Negligence.

Standard of Care

While driving through a neighborhood, Sarah checks her phone to reply to a text message instead of watching the road. As a result, she runs a stop sign and crashes into another car. Since a reasonable person would have kept their eyes on the road and obeyed traffic signals, Sarah's actions fail to meet the ________ under Duty of Care Negligence.

False

True or False: Jason is walking along a public hiking trail when he notices a large sinkhole ahead. He sees other hikers approaching but chooses not to warn them. One of the hikers falls into the sinkhole and gets injured. The man can sue Jason for non-conduct Negligence.

False

True or False: A family is dining at a fast-food restaurant when a group of rowdy teenagers begins harassing them. The teenagers become increasingly aggressive, and the restaurant employees is AWARE of the danger but do nothing to intervene. Eventually, one of the teenagers physically assaults a family member. The restaurant had no duty to take action because protecting customers from assault never falls within their legal responsibility.

Malpractice

A surgeon accidentally leaves a surgical instrument inside a patient's body during an operation, leading to severe complications. Since medical professionals are held to a higher standard of care based on their expertise, the patient sues the surgeon for ________.

Breach of Duty

A grocery store employee mops the floor but forgets to place a "Wet Floor" sign. A customer walks through the aisle, slips, and suffers a serious injury. Since the store had a duty to keep its customers safe and failed to take reasonable precautions, the jury determines that the store's actions amount to ________ under Negligence.

False

True or False: A driver is following all traffic laws when a pedestrian suddenly jumps out from behind a parked car and runs into the street without warning. The driver has no time to react and accidentally hits the pedestrian. The pedestrian sues the driver for negligence. The driver breached their duty of care because they should have anticipated the pedestrian running into the street.

Willful and Wanton

John decides to drive home after consuming several alcoholic drinks at a bar. He is heavily intoxicated and swerves across lanes at high speeds. Unable to control his vehicle, he crashes into another car, seriously injuring the driver. Since John's actions show an extreme lack of due care and recklessness, he can be sued for ________ Negligence.

Causation in Fact

A driver is texting while driving and runs a red light, hitting a pedestrian who was crossing legally. The pedestrian suffers a broken leg. What legal concept determines whether the driver's actions directly led to the pedestrian's injury?

Substantial Factor Test

A factory illegally dumps toxic waste into a river, contaminating the water supply of a nearby town. Several residents develop serious health issues as a result. What legal concept helps determine whether the factory's actions significantly contributed to the residents' harm?

Proximate Causation/Legal Cause

A restaurant owner forgets to put out a "Wet Floor" sign after mopping. A customer slips and breaks their arm. However, while being transported to the hospital, the ambulance gets into a crash, causing additional injuries to the customer. What legal concept determines whether the restaurant owner is liable for the injuries from the ambulance crash?

Intervening Cause

A car owner accidentally leaves their keys inside an unattended vehicle. An intoxicated thief steals the car and later crashes into another motorist, causing injuries. What legal concept removes the car owner's liability for the accident?

Actual Injury

A shopper in a grocery store slips on a wet floor that was not marked with a warning sign. However, they get up without any injuries or damage to their belongings. What legal concept prevents the shopper from successfully suing for negligence?

Contributory Negligence

A pedestrian is jaywalking across a busy street when a speeding driver fails to stop in time and hits them. The pedestrian suffers serious injuries. What legal concept would prevent the pedestrian from recovering damages if they are found even 1% at fault for the accident?

Comparative Negligence

A cyclist is riding at night without reflectors or lights when a driver, who is slightly exceeding the speed limit, hits them. The cyclist sustains injuries. What legal concept allows the cyclist to recover damages but reduces the amount based on their share of fault?

Assumption of the Risk

A spectator at a baseball game gets hit by a foul ball while sitting in an unprotected section of the stands. The stadium had posted warnings about the risk of foul balls. What legal concept prevents the spectator from recovering damages for their injury?

Strict Liability in Tort

A company manufactures and sells a defective toaster that catches fire during normal use, causing a house fire. The consumer did nothing wrong and used the toaster as intended. What legal concept holds the manufacturer liable for the damages regardless of fault or intent?

Strict Product Liability

A customer purchases a ladder from a hardware store. Due to a manufacturing defect, one of the steps breaks under normal use, causing the customer to fall and get injured. What legal concept makes the hardware store responsible for the injury, even if they were not negligent?

False

True or False: Sarah buys a new blender from a retail store and later gives it to her friend, Jake, as a gift. While using the blender, Jake gets injured because of a manufacturing defect. Jake can sue Sarah under strict product liability.

Ultrahazardous Activity

A demolition company is using explosives to tear down an old building. Despite taking all necessary precautions, debris from the explosion damages a nearby home. What legal concept holds the company liable for the damage even if they were not negligent?

Dram Shop Acts

A bartender continues to serve alcohol to a visibly intoxicated customer. After leaving the bar, the customer drives drunk and crashes into another vehicle, injuring the other driver. What legal concept allows the injured driver to sue the bar for serving the intoxicated customer?

Punitive

What type of damages are used to punish?

False

True or False: You can sue for negligence, even if someone hasn't suffered an injury.