Worksheet 6.1: The Basics of Tort Law and Intentional Torts against Persons

The basic purpose of tort law is to punish criminal wrongdoers.

a. True

b. False

b. False

Match the term to the correct definition.

a. Special Damages

b. Compensatory Damages

c. Punitive Damages

d. General Damages

a. Intended to compensate the plaintiff for quanitifiable monetary losses, such as medical expenses.

b. Intended to compensate or reimburse a plaintiff for actual losses.

c. Awarded in tort cases to punish the wrongdoer and to deter others from similar wrongdoing.

d. Intended to compensate individuals (but not companies) for the nomonetary aspects of the harm suffered from a tort, such as pain and suffering.

Steps toward limiting tort damages in a number of states include all of the following except:

a. limiting the amount of punitive damages.

b. limiting the amount of noneconomic general damages like pain and suffering.

c. increasing the burden of proof in negligence cases.

d. banning punitive damages.

c. increasing the burden of proof in negligence cases.

Which of the following are the two broad classifications of torts? Select two.

a. Criminal wrongs

b. Unintentional torts

c. Actionable torts

d. Intentional torts

b. Unintentional torts

d. Intentional torts

Because an intentional tort requires intent, a harmful motive is required.

a. True

b. False

a. True

A person who commits a tort is known as a:

a. maladjustor.

b. criminal.

c. perpetuator.

d. instigator.

e. tortfeasor.

e. tortfeasor.

A person who engages in unexcused and harmful or offensive physical contact against someone else has committed:

battery

Match the term to the correct definition:

a. assault

b. battery

a. Any intentional and unexcused threat of immediate harmful or offensive contact.

b. An unexcused and harmful or offensive physical contact intentionally performed.

Stiles is much stronger than Ben. He threatens to beat Ben, then punches him in the face, and knocks out a tooth. Ben will probably bring a lawsuit against Stiles:

a. for assault only, because Ben got a tooth knocked out.

b. for battery only, because Ben got his tooth knocked out.

c. for assault and battery, because there was both a threat and a harmful action.

c. for assault and battery, because there was both a threat and a harmful action.

Which of the following has nothing to do with false imprisonment?

a. Intentional confinement or restraint of another person's activities without justification.

b. An interference with the freedom to move without constraint.

c. You are made fearful of unwanted and possibly harmful contact with another person.

c. You are made fearful of unwanted and possibly harmful contact with another person.

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 Hank knew that was untrue.

infliction of emotional distress.

Defamation (libel or _______) consists of a false statement of fact, not made under ___________ , that is communicated to a third person and that causes damage to a person's reputation. For public figures, the plaintiff must also prove that the statement was made with actual ________. Invasion of privacy is publishing or otherwise making known or using information relating to a person's _________life and affairs, with which the public has no legitimate concern, without that person's ________ or approval.

slander

privilege

malice

private

permission

Which of the following is NOT slander per se?

a. A statement that another has a loathsome disease (historically, leprosy and sexually transmitted diseases, but now also including allegations of mental illness).

b. A statement that another has committed improprieties while engaging in a business, profession, or trade.

c. A statement that another has committed or has been imprisoned for a serious crime.

d. A statement that another has engaged in unwelcome construction of a residence or commercial property.

d. A statement that another has engaged in unwelcome construction of a residence or commercial property.

Which of the following is not an element of fraudulent misrepresentation?

a. An intent to induce another to rely on the misrepresentation.

b. The misrepresentation of opinions.

c. Justifiable reliance by the deceived party.

d. Damage suffered as a result of the reliance.

b. The misrepresentation of opinions.

Which of the following is NOT an element of the tort of wrongful interference with a contractual relationship?

a. A valid, enforceable contract must exist between two parties

b. A third party must be aware that the contract exists

c. A third party must unintentionally cause one of the parties to break the contract

c. A third party must unintentionally cause one of the parties to break the contract