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Ch. 4 QuizMarissa is driving to work while thinking about all of the things she has to do that day, instead of the car in front of her. She then accidentally runs a red light and caused an accident. What did Marissa commit?BatteryassaultUnintentional tortLegal injuryAshton owns a convenience store. Ashton knew that an ice cream cooler was malfunctioning, but did not check to see if it was leaking in front of it where customers frequently walked. Alex, not seeing the small puddle of water next to the freezer, slipped and was injured. Could Ashton be liable for Alex’s injuries?Yes because Ashton should have known that there was a hazard and posted a “wet floor” signNo because Ashton did not owe Alex a duty of careYes because Ashton is always liable No because Ashton is never liableRosetta graduates from college and becomes a life insurance agent and sells life insurance policies to customers. One day, while helping a client fill out an application for a $100,000 life insurance policy, she makes a mistake and writes “$10,000” instead of “100,000.” What could the consumer’s sue her for?Dram Shop actionErrors and omissions claimContributory negligenceComparative negligenceLucille hires Mindy to prepare her taxes. Mindy makes a mistake. Lucille is angry and starts posting statements about Mindy’s incompetence online. Lucille then prints off flyers and puts the fliers on windshields of cars at the mall, telling the mall shoppers about Mindy’s incompetence. A court could hold Lucille liable for defamation under what?Defamation by implicationDefamation per seConditional privilege Minimal scrutiny defamation Kristin really hates a certain politician. She published an editorial in a local newspaper stating the individual hates women, children, and pets. What may protect Kristin from a defamation lawsuit? Defamation per se Defamation by implication Conditional privilegeMinimal scrutiny defamation A defendant mistakenly removes jewelry from a home believing that it is her own. Under what tort is the defendant liable to the owner for the value of the property?Trespass to real property Slander of property Interference with personal property ConversionAssume a famous actor claims red meat contains a cancerous organism that is highly infectious. This statement is not true and it negatively impacts the entire red meat industry. What tort did the famous actor commit?Invasion of privacySlander of propertySlander of title Cyber tortWhat is the purpose of awarding a punitive damage?Compensate for losses that do not have a precise economic value Pay for medical expenses or lost wages Compensate for “out of pocket” damages To deter wrongdoing on the part of the defendantSuppose that Pat wrongfully injures Jerry in an automobile collision. Jerry claims to have “pain and suffering” resulting from the accident. What type of damages might Jerry be awarded?General damagesSpecial damagesCompensatory damagesNominal damagesCameron intentionally ran a red light and t-boned Emilee’s car because Cameron was mad at Emilee. What damage might the court award to Emilee to punish Cameron for his reckless conductGeneral damagesNominal damagesPunitive damages Emilee will not be awarded any damages Rod owns an auto parts store. Naomi is shopping in the store when she slips on some spilled oil. The oil had been spilled by an employee stocking shelves. Which of the following factors is NOT one of the four Naomi needs to prove a case of negligence?The defendant owed a duty of care to the plaintiffThe defendant breached that duty of careThe defendant’s breach was the factual and proximate cause of the plaintiff’s injuryThe defendant didn’t try to negotiate with the plaintiffNicholas visits a hospital and learns he needs an emergency surgery on his heart. After the surgery, his heart is fine but he has trouble with dizziness. The doctor claims the surgery went as planned. What special negligence theory may help Nicholas prove negligence on the part of the doctor?Conditional privilegeStrict liabilityMalpracticeAssumption of riskRufus is playing soccer with his friends after school. Rufus pushes Samantha while chasing the soccer ball. Samantha falls and sprains her wrist. Rufus also intentionally kicks Bethany while she is lying on the ground after a play. Alex yells at Rufus to get himself under control and Rufus responds by punching Alex with a closed fist. Who can NOT bring a successful lawsuit against Rufus for battery?SamanthaBethanyAlexAll of the aboveChelsea and Courtney lock Tim in the freezer at Subway because he was being annoying. They block the door so he can’t get out and he was in there for 2 hours until they let him out. What tort have Chelsea and Courtney committed?False imprisonmentBattery Legal injuryNegligenceWhich of these four examples would have the highest form of duty of care?Business ownersLandownerCustomerEmployeeOral defamation is calledSlanderLibelAssaultBatteryCarl is driving five miles per hour over the speed limit. He is hit by Sarah who failed to stop her car at a stop sign. Carl is 10% negligent. Sarah is 90% negligent. Under contributory negligence, how much can Carl recover?A plaintiff who was negligent cannot recover anythingA plaintiff who was 10% negligent can recover damages 90/10A plaintiff who was negligent can recover damages 50/50A plaintiff can recover all damagesWho is the tortfeasor?Who the tort was committed onWitness of the tortThe one who committed the tortEither the witness or the victimWhich is a possible example of assault?Taylor yelling at a coworker shaking her fist as if she is going to punch the coworkerKelsey forcing someone to stay in her store that she suspects is attempting to shopliftJosh slapping a strangers butt while walking down the streetNick threatening to destroy a group project if all members of the group do not pay him $1,000The use of another persons name, likeness, or other identifying characteristic (including celebrities) without permission is known asSlanderAppropriationIdentify theftFraudulent misrepresentationThe tort of Fraudulent Misrepresentation includes which element?Intend to induce another party to rely on the misrepresentationDamages suffered because of the relianceA casual connection between the misrepresentation and the damages sufferedAll the aboveA defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger is a/anProximate causeAssumption of risk Negligence per seStrict liabilityWhat is NOT a common characteristic of false imprisonmentNot having a safe escape Intentional confinement without jurisdictionThreat of immediate physical harmThreating to beat someone up next time you see themWhich is NOT a special negligence statue Negligence per seGood Samaritan statueStrict liability Dram shop actSellers talk is also referred to asFraudulent misrepresentation PufferyLibel Slander I get mad at my roommate for leaving her stuff all over our apartment so I throw her book bag at her and hit her. What have I committed?AssaultSlanderBattery TrespassCh. 4 Court CasesPalsgraf v. Long Island Railroad Co.Facts:Employees of Long Island Railroad Co assisted a man who was carrying a package containing fireworks onto a train as it was pulling awayThe fireworks detonated and caused injuries to PalsgrafRuling: The trial court and the intermediate court of appeals ruled in favor of PalsgrafThe NYC court of Appeals held the employees couldn’t have foreseen the chain of events leading to Palsgraf’s injury and her case was dismissedSignificance: Exemplifies the issue of legal causationWhite v. SamsungFacts:Samsung made an advertisement that featured a game show set like Wheel of FortuneA robot was hosting and the robot was intended to resemble Vanna WhiteWhite brought a diversity action in federal court in CaliforniaRuling:The court awarded $403,000 in damages to Vanna White based on her claim for appropriationSignificance:Public figures are not excluded from making appropriation claimsLiebeck v. McDonald’s RestaurantsFacts: Liebeck purchased a cup of coffee from McDonalds, spilled the coffee on herself, and suffered second and third degree burns.McDonald’s had received more than 700 notices of customer complaints in regard to coffee temperaturesShe offered to settle the case for $20,000. McDonald’s offered to settle for $800.Ruling:Jury awarded $200,000 in compensatory damages but reduced that by 20% because Liebeck caused the spillJury awarded $2.7 million in punitive damages. The judge reduced the punitive damages to $600,000Both sides appealed, but reached a confidential settlement prior to appellate rulingSignificance:Courts award punitive damages to punish outrageous behaviorCh. 2 Study guide/ vocabIn what cases is burden of proof used? Civil casesWhat standard do we use when dealing with burden of proof cases? 50/50 standard, beyond a reasonable doubtWhen do we use common law and statutory law? Criminal casesWhat standard do we use when dealing with common and statutory law cases?99.9% standardWhat four questions must be asked, and be true, to find someone guilty for the tort of negligence? Did the defendant owe the plaintiff a duty of care? Did the defendant breach that duty? Did the plaintiff suffer a recognizable injury? Was the defendant’s breach the factual and proximate cause of the plaintiff’s injury?Who are professionals judged against when dealing with negligence claims? The reasonable professional in that fieldWhat three things must the plaintiff prove in Negligence per se cases? Plaintiff was owed a duty of care under a statuteThe defendant committed the conduct prohibited by the statute in questionStatute was designed to prevent this type of injuryWhat two things does the defendant have to prove when using ‘Assumption of Risk’ as a defense to negligence?Plaintiff knew of the riskPlaintiff assumed the riskWhat is contributory negligence?Under common law any contributory negligent act by the plaintiff would prevent any recovery by the plaintiffWhat is Comparative negligence?The court looks at the fault of the defendant and compares it to the fault of the plaintiff. Recovery on the part of the plaintiff is reduced by their contribution to the incidentWhen do courts impose strict liability as a special standard to negligence claims? When defendants engage in severely dangerous activities (Pitbull, snake, tiger escapes from a secure cage after an earth quake) What is assault?Actions intended to make another person fearful of immediate physical harmWhat are the requirements of assault?The defendant, by word or gesture, intentionally put the plaintiff in fear of imminent physical harmA reasonable person in the same situation would be fearful of imminent harmThe defendant had no permission or privilege to actWhat is an example of assault?I get mad at Sarah during class and walk up to her after swinging a closed fist in her face saying I am going to punch herWhat is battery?The un-consented to and intentional touching of another person which results in harmful contact or offensive contactWhat are the requirements of battery?The defendant touched the plaintiff with an object or the defendant’s body.The touching was unwelcome or offensive.A reasonable person in the same situation would find the touching harmful or offensive.The defendant had no permission or privilege to act.Is battery a criminal act?No, under criminal law we don’t have battery. Battery is a tortWhat are the defenses to assault and battery?ConsentSelf defenseDefense of othersDefense of propertyThese come with a reasonableness standardWhat is false imprisonment?The intentional confinement or restraint of another person’s activities without justificationWhat are the requirements of false imprisonment?Cannot have a safe escapeThreat of physical harm that is in the presentWhat is SlanderOral defamationWhat is libel?Written statement of defamationWhat are the requirements of defamation?Defendant made a false statement about the plaintiff.The statement was published to a third party. You have to say it to a third partyThe plaintiff’s reputation was harmed as a result.What are the four false statements which require no proof of damages for the plaintiff to recover? Covered under Defamation Per Se:Plaintiff is in competent and/or immoral in the plaintiff’s business affairs;Plaintiff has a loathsome disease such as a venereal disease or leprosy;Plaintiff is sexually promiscuous; orPlaintiff has committed a criminal act.What are defenses to defamation?TruthAbsolute privileged statementsConditional privileged statementsWhat four acts constitute a violation for the invasion of the right of privacy?Publishes information that places the plaintiff in a false light.Publicly discloses facts about the plaintiff that a reasonable person would find objectionable or embarrassing.Uses the name or likeness of the plaintiff without permission for a commercial purpose.Invades a person’s home or private papers.What is appropriation?The use of another person’s name or likeness without their consent for the defendant’s benefit. Includes public figures.What are the requirements of intentional infliction of emotional distress?Behavior must be outrageous and intentionalIn most jurisdictions, you must prove some type of physical pain or sufferingWe need really outrageous behavior, be careful with this oneWhat is trespass?when a person without permission enters above or below the surface or causes something to enter above or below the surface of another’s real propertyNormally a landowner is not liable for the injuries of trespassers. Exceptions exist. Attractive nuisance: sand pile that attracts childrenWhat are defenses to trespass?InviteeLicenseeDangerous situation required actionWhat duty of care do we owe a Invitee?Must warn of hidden risks and make hazardous situations safeBusiness customerWhat duty of care do we owe a party licensee?Must warn of potentially dangerous situationsParty guestsWhat are the requirements of fraud?The defendant made a misrepresentation;The defendant knew of the deception;The defendant intended to influence the plaintiff to act or refrain from acting;The plaintiff justifiably relied on the defendant’s misrepresentation; andThe plaintiff was damaged as a result. What elements must exist for wrongful interference with a contractual relationship?A valid enforceable contract must exist between the two partiesDefendant knew the contract existedDefendant intentionally caused either of the two parties of the contract to breach the contractPlaintiff was injuredWhat is slander of property?Defendant makes untrue statements which decrease the value of plaintiff’s propertyWhat is slander of title?Defendant makes untrue statements which cause a 3rd party to doubt the plaintiff’s ownership of the propertyWhat are Special damages? costs incurred out of pocket Example: rental car fee because of accidentWhat are General damages?not calculated by a precise model but meant to compensate plaintiffExample: “pain and suffering” What are Nominal Damages? small amount of damages meant to establish liability What are Punitive Damages?meant to punish defendant not necessarily compensate plaintiffWhat are Liquidated Damages?damages required by state statute and awarded in tort cases ................
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