MGMT 311 Exam 2 Hailey TAMU Texas A & M University-College Station | Questions with 100% Verified Answers | Latest Update

MGMT 311 Exam 2 Hailey TAMU Texas A & M University-College Station |
Questions with 100% Verified Answers | Latest Update
Question: tort
Answer:
A civil wrong

Question: purpose of a tort
Answer:
to provide remedies for the violation of various protected interests

Question: damage v.s damages
Answer:
- damage: injury/destruction of property
- damages: monetary compensation for the wrong doing

Question: damages available in tort actions
Answer:
- compensatory: special/general
- punitive

Question: compensatory damages
Answer:
money intended to restore a plaintiff to the position he was in before the injury

Question: special damages and general damages
Answer:
- special: compensate the plaintiff for quantifiable monetary losses (now & future)
- general: compensate individuals (not companies) for the non monetary aspect of the harm

Question: punitive damages
Answer:
damages exceeding simple compensation and awarded to punish the defendant

Question: punitive damages are only awarded when?
Answer:
in intentional tort actions & rarely in negligence lawsuits

,Question: gross negligence
Answer:
an action committed with extreme reckless disregard for the property or life of another person

Question: punitive damages are subject to what?
Answer:
limitations under the due process law

Question: does the government have the right to limit punitive damages?
Answer:
yes

Question: classifications of torts
Answer:
-intentional torts
-unintentional torts (negligence)

Question: what is the purpose of a defense?
Answer:
even if the plaintiff can prove all elements of the tort the defendant can argue a defense to limit or
eliminate the liability of the act

Question: types of defenses
Answer:
- consent
- comparative negligence (most common)
- statue of limitations (2 year time limit)

Question: tortfeasor
Answer:
person who commits a tort

Question: do intentional torts require motive?
Answer:
no the defendant can commit the tort without any bad intentions

Question: transferred intent
Answer:

,when a defendant intends to harm one individual, but unintentionally harms a second person

Question: assault
Answer:
intentional & inexcusable threat or immediate harmful of offensive contact (verbal or physical) that can
occur without any physical contact being made (if plaintiff can prove immediate harm was about to
happen)

Question: battery
Answer:
intentional harmful or offensive physical contact unwanted by the plaintiff (doesn't need physical injury)
OR something set in motion to harm the plaintiff

Question: offensive contact is determined by what?
Answer:
reasonable person standard

Question: plaintiffs compensation for battery
Answer:
- emotional distress
- physical harm
- damage to reputation

Question: defenses to battery
Answer:
- consent
- self defense
- defense of others or property

Question: false imprisonment
Answer:
confinement or restraint of another person's activities without justification (interferes with freedom to
move without restraint)

Question: what is the privilege to detain?
Answer:
granted to businesses, a law in most states allowing them to detain shoplifters with reasonable force for
the police

, Question: intentional infliction of emotional distress
Answer:
an intentional tort in which the harm results from extreme and outrageous conduct that causes serious
emotional harm

Question: to sue for emotional distress the plaintiff needs what?
Answer:
actionable proof

Question: which amendment limits the emotional distress claim?
Answer:
first

Question: defamation
Answer:
wrongfully hurting another's reputation

Question: libel
Answer:
written or recorded defamations that are permanent

Question: breaching libel orally is called what?
Answer:
slander

Question: does defamation apply to businesses & their products?
Answer:
yes

Question: 4 steps to establishing defamation
Answer:
1. defendant made a false statement of fact
2. statement was understood to be about the plaintiff and tended to harm the plaintiffs reputation
3. the statement was published to at least one other person besides the plaintiff
4. if the plaintiff is a public figure, he or she must prove actual malice

Question: what type of damages are rewarded for breach of libel/defamation?
Answer: