BLAW 310 CHAPTER 6 EXAM QUESTIONS WITH VERIFIED SOLUTIONS LATEST UPDATE 2026

BLAW 310 CHAPTER 6 EXAM QUESTIONS WITH VERIFIED SOLUTIONS LATEST UPDATE 2026 Tort - Answers French word for "a wrong" -Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or to the party's property. -Most torts are either intentional torts or unintentional torts, such as negligence. -Tort damages: Monetary damages sought from the offending party. Intentional Tort - Answers -Law protects a person from unauthorized touching, restraint, or other contact. -Category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries. Assault - Answers -Threat of immediate harm or offensive contact. -Action that arouses reasonable apprehension of imminent harm. -Actual physical contact is unnecessary for an action to be assault. Battery - Answers Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury. False Imprisonment - Answers Intentional confinement or restraint of another person without authority or justification and without that person's consent. Shoplifting and Merchant Protection Statutes - Answers Allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if: -Reasonable grounds for the suspicion exist -Suspects are detained for only a reasonable time -Investigations are conducted in a reasonable manner Misappropriation of the Right to Publicity - Answers Attempt by another person to appropriate a living person's name or identity for commercial purposes. -Also called the tort of appropriation -Valuable right to well-known individuals ▪Sports figures and movie stars Invasion of the Right to Privacy - Answers Unwarranted and undesired publicity of a private fact about a person. -Fact does not have to be untrue Defamation of Character - Answers False statement made by one person about another. Plaintiff needs to prove in the court that: - Answers -Defendant made an untrue statement of fact about the plaintiff. -Statement was intentionally or accidentally published to a third party. Libel - Answers False statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on. Slander - Answers Oral defamation of character Truth is an absolute defense to a charge of defamation because - Answers defamation is defined as an untrue statement of fact. Public figures as plaintiffs - Answers U.S. Supreme Court held that public officials cannot recover for defamation unless they can prove that the defendant acted with actual malice. -Defendant made the false statement knowingly or with reckless disregard of its falsity. Disparagement - Answers -False statements about a competitor's products, services, property, or business reputation. -States unfair-competition laws protect businesses from disparaging statements made by competitors or others. Intentional Misrepresentation - Answers Intentional defrauding of a person out of money, property, or something else of value. -Pervasive business torts -Otherwise known as fraud or deceit Elements required to find fraud - Answers -Wrongdoer made a false representation of a material fact. -Wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. -Innocent party justifiably relied on the misrepresentation. -Innocent party was injured. Intentional Infliction of Emotional Distress - Answers •Tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes: -Severe emotional distress to another person is liable for that emotional distress. •Otherwise known as tort of outrage. •Does not require any publication to a third party or physical contact between the plaintiff and defendant. Malicious Prosecution - Answers Lawsuit in which the original defendant sues the original plaintiff. -In the second lawsuit, the defendant becomes the plaintiff, and vice versa. Succeeding in the lawsuit requires the plaintiff to prove: - Answers -Plaintiff in the original lawsuit instituted or was responsible for instituting the original lawsuit. -There was no probable cause for the first lawsuit. -Original lawsuit was terminated in favor of the original defendant. -Current plaintiff suffered injury as a result of the original lawsuit. Unintentional Torts (Negligence) - Answers Doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. Succeeding in a negligence lawsuit requires the plaintiff to prove that: - Answers -Defendant owed a duty of care to the plaintiff -Defendant breached this duty of care. -Plaintiff suffered injury. -Defendant's negligent act caused the plaintiff's injury. -Defendant's negligent act was the proximate cause of the plaintiff's injuries. Duty of Care - Answers Obligation people owe each other not to cause any unreasonable harm or risk of harm. Reasonable person standard - Answers -Test used to determine whether a defendant owes a duty of care. -Measures the defendant's conduct against how an objective, careful, and conscientious person would have acted in the same circumstances. Reasonable professional standard - Answers Test to determine how an objective, careful, and conscientious equivalent professional would have acted in the same circumstances. Breach of the Duty of Care - Answers •Failure to exercise care or to act as a reasonable person would act. •Consists of an action. •Entails of a failure to act when there is a duty to act. Injury to Plaintiff - Answers •Plaintiff's personal injury or damage to his or her property. •Enables him or her to recover monetary damages for the defendant's negligence.