LEB 320F Exam 2 Questions and
Answers 100% Solved
Contract: - ✔✔- broken agreement
Tort - ✔✔- not over broken agreements (ex: injury, emotional distress)
Intentional tort - ✔✔- how badly the defendant behaved- the degree of fault
- act that is intented to hurt, embarrass, or scare another person or to
damage another person's property. Assault, Battery, Defamation,
Intentional infliction of emotional distress, False imprisonment, Invasion os
privacy.
-Involves deliberate intentional or reckless bad behavior
- NOT A CRIMINAL CASE
Reckless behavior - ✔✔-Behaving dangerously, even if you are not
intentionally trying to hurt someone; intentional tort cases; Ex. waiving
around a loaded weapon or drunk driving
- most are negligence
Negligence - ✔✔- failure to act with the prudence that a reasonable person
would exercise under the same circumstances
1
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,- awarded compensatory damages only
Compensatory Damages - ✔✔- an amount of money awarded by the court
to make up for loss of income or emotional pain and suffering
- can be awarded in all civil cases
Punitive Damages - ✔✔- money payments for damages that go beyond
what the innocent party actually lost and that are designed to punish the
wrongdoer
- can be awarded in all civil cases
Tort Law - ✔✔Law that deals with harm to a person or a person's property.
Difference between Intentional Tort and Negligence - ✔✔intent
Assault - ✔✔- a threatened or attempted physical attack by someone who
appears to be able to cause bodily harm if not stopped
- Based upon fear
Battery - ✔✔an assault in which the assailant makes physical contact
Reasonable Person Standard - ✔✔The standard of behavior expected of a
hypothetical "reasonable person"; the standard against which negligence is
measured and that must be observed to avoid liability for negligence.
Defense to Battery - ✔✔- Self-defense
- Consent
2
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, Defamation - ✔✔an abusive attack on a person's character or good name
3 Types of Defamation - ✔✔a) Slander - Spoken defamation
b) Libel- written defamation
Slander - ✔✔- words falsely spoken that damage the reputation of another
- Somewhat less serious than the other types of defamation
- Plaintiffs have to demonstrate special damages in order to win an ordinary
slander case
Special damages - ✔✔- Damages that can be awarded to a plaintiff in a
lawsuit upon proof of specific monetary loss
Malice - ✔✔- desire to harm others
- NYT example: can't win the case unless malice is proven
Libel - ✔✔- a tort consisting of false and malicious publication printed for
the purpose of defaming a living person
5 things to demonstrate to win a negligence - ✔✔1. Duty of care - Owed to
you, legal responsibility
2. Breach of Duty - Someone was not as careful as he/she is required to be
3. Causation (cause-in-fact) - Show that they caused your problem
4. Proximate causation - Somebody made the kind of thing for something to
be legally responsible
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
Answers 100% Solved
Contract: - ✔✔- broken agreement
Tort - ✔✔- not over broken agreements (ex: injury, emotional distress)
Intentional tort - ✔✔- how badly the defendant behaved- the degree of fault
- act that is intented to hurt, embarrass, or scare another person or to
damage another person's property. Assault, Battery, Defamation,
Intentional infliction of emotional distress, False imprisonment, Invasion os
privacy.
-Involves deliberate intentional or reckless bad behavior
- NOT A CRIMINAL CASE
Reckless behavior - ✔✔-Behaving dangerously, even if you are not
intentionally trying to hurt someone; intentional tort cases; Ex. waiving
around a loaded weapon or drunk driving
- most are negligence
Negligence - ✔✔- failure to act with the prudence that a reasonable person
would exercise under the same circumstances
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,- awarded compensatory damages only
Compensatory Damages - ✔✔- an amount of money awarded by the court
to make up for loss of income or emotional pain and suffering
- can be awarded in all civil cases
Punitive Damages - ✔✔- money payments for damages that go beyond
what the innocent party actually lost and that are designed to punish the
wrongdoer
- can be awarded in all civil cases
Tort Law - ✔✔Law that deals with harm to a person or a person's property.
Difference between Intentional Tort and Negligence - ✔✔intent
Assault - ✔✔- a threatened or attempted physical attack by someone who
appears to be able to cause bodily harm if not stopped
- Based upon fear
Battery - ✔✔an assault in which the assailant makes physical contact
Reasonable Person Standard - ✔✔The standard of behavior expected of a
hypothetical "reasonable person"; the standard against which negligence is
measured and that must be observed to avoid liability for negligence.
Defense to Battery - ✔✔- Self-defense
- Consent
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, Defamation - ✔✔an abusive attack on a person's character or good name
3 Types of Defamation - ✔✔a) Slander - Spoken defamation
b) Libel- written defamation
Slander - ✔✔- words falsely spoken that damage the reputation of another
- Somewhat less serious than the other types of defamation
- Plaintiffs have to demonstrate special damages in order to win an ordinary
slander case
Special damages - ✔✔- Damages that can be awarded to a plaintiff in a
lawsuit upon proof of specific monetary loss
Malice - ✔✔- desire to harm others
- NYT example: can't win the case unless malice is proven
Libel - ✔✔- a tort consisting of false and malicious publication printed for
the purpose of defaming a living person
5 things to demonstrate to win a negligence - ✔✔1. Duty of care - Owed to
you, legal responsibility
2. Breach of Duty - Someone was not as careful as he/she is required to be
3. Causation (cause-in-fact) - Show that they caused your problem
4. Proximate causation - Somebody made the kind of thing for something to
be legally responsible
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
