Study sets, textbooks, questions
Upgrade to remove ads
Chapter 10 (Torts Affecting Business) Plus Quiz 14 & 15
Terms in this set (51)
What is a Tort?
A civil wrong other than breach of contract.
What are the three categories of Tort?
c. Strict Liability
What is an "Intentional Tort'?
Deliberate action that causes injury
What are the 11 types of Intentional Torts?
c. Infliction of Mental Distress
d. Invasion of Privacy
e. False Imprisonment
f. Malicious Prosecution
k. Common Law Business Torts
What is Assault?
The threat of bodily harm to someone
What is Battery?
Actual bodily harm to someone
What is Infliction of Mental Distress?
Causing someone mental anguish
What is Invasion of Privacy?
Unlawfully intrudes into someones private affairs
What is Malicious Prosecution?
What is False Imprisonment?
Holding someone against their will
What is Trespassing?
Using or occupying someones property without permission
What is Conversion?
Taking someones property
What is Defamation?
To cause harm to someones reputation
What is Libel?
Defamation that is written
What is Slander?
Defamation that is spoken
What is Fraud?
Intentionally deceiving someone for gain
What is Common Law Business Torts?
What are the four elements of the tort negligence?
a. A Duty of Care
b. Breach of Duty (Unreasonable Behavior)
c. Causation (Fact & Proximate)
What is "A Duty of Care"?
Duty owed by one person to another person
What is "Breach of Duty"?
What is "Causation"?
(Fact and Proximate), when breach becomes direct cause of injury.
What is "Damages"?
What is "Proximate Causation"?
Injury "in fact" not sufficient
Proximate cause = legal cause
Was injury "foreseeable" or reasonable to expect
What two affirmative defenses can be raised to the tort of negligence?
a. Contributory Negligence
b. Assumption of Risk
What is "Contributory Negligence"?
Plaintiffs own fault and now offset by comparative responsibility
What is "Assumption of Risk"?
Plaintiff's knowing and willing undertaking of an activity
What are examples of strict liability in tort?
a. Strict Product Liability
b. Respondent Superior
c. Ultra-hazardous Activity
d. Dram Shop Acts
e. Common Carrier
What is "Strict Product Liability"?
Production, design, and warning defect
What is "Respondent Superior"?
Employer is responsible for the acts of an employee
What are Punitive Damages?
Used to Punish Defendant
What is "Ultra-hazardous Activity"?
If someone using explosive or something very dangerous
What are Compensatory Damages?
Compensate Plaintiff for injuries suffered
What is "Dram Shops Acts"?
Bar or Tavern owner liable for intoxicated patrons.
What is "Common Carrier"?
Damage to goods being transported
-Acts of God
-Order of Public Authority
-Inherent Native of Goods
-Misconduct of Shipper
What damages may be awarded for tort liability?
a. Compensatory Damages, (compensate plaintiff for injuries suffered) (Past/Future)
b. Punitive Damages, (used to punish Defendant )(In torts not contracts)
What tort may a store owner claim against a customer who refuses to leave a store after being told to leave by the owner?
An intentional misrepresentation of a material fact that is justifiably relied upon by someone to his/her injury is what tort?
The intentioanal, unjustified confinement of a non-consenting person is know as what tort?
The wrongful exercise of control over the personal property of another is called?
Nick and Calvin engage in a bar fight. Calvin seriously injures Nick in the fight when he breaks a chair over Nick's head. If Nick sues Calvin what theory of tort should he pursue?
123 Collection Agency has been calling Harris Young several times each day in an effort to collect a debt. The 123 callers threaten to have Harris arrested if he doesn't pay the debt, call Harris names, and scream at him on the phone. Harris's best cause of action against 123 would be?
Intentional infliction of emotional distress
Hobbes goes through his co-worker Cory's personnel file at work and finds out that he is being treated for a mental illness. Cory has kept this a secret for personal reasons. Hobbes informs everyone in the office about Cory's condition. As a result, Cory faces both sympathetic and discriminatory attitudes at work. What can Hobbes be sued for?
He can be sued for invasion of privacy.
Which of the follow tort occurs when someone has a duty to act reasonably, but instead acts carelessly and causes injury to another?
What is the negligence of professionals?
Under a theory of negligence, a person engaged in an activity is only liable for injury that occurs from a "foreseeable" risk of harm. What is this doctrine known as?
Punitive Damages are appropriate in tort cases where the defendant acted in a willful or wanton manner. (T/F)
Which defense can be raised when the plaintiff knowingly and willingly undertakes an activity that is inherently dangerous?
Assumption of the Risk
What is a characteristics of "Comparative Negligence"?
It compares the plaintiff's and the defendant's fault and reduces the damage award proportionally.
What is the tort theory most often used to sue a manufacturer of a defective product ?
The majority of states impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons. A statue imposing this liability is called
A Dram Shop Act
A person who sells a used lawnmower at a yard sale could be found liable under the theory of "strict liability" if the lawnmower had a dangerous design defect. (T/F)
Sets with similar terms
BUS 263 Chapter 10
Understanding Business and Personal Law…
Other sets by this creator
Rules Of The Road
Final Ch 1 - 14
MGMT 474 (Chapter 5-8)