BLAW Final Exam for Tort Law
Questions And Actual Answers.
What 4 interests does Tort Law protect? - Answer 1) our property (personal and real property)
2) a person (auto accidents)
3) Our economic interests (so we can't steal from each other, we can't defraud others, we must
tell the truth, must be loyal, disclose information, bad partner/disloyal agent)
4) personal interests (right to be left alone, the right to a good reputation)
A tort is a (civil or criminal) wrong/act for which the court will provide a remedy - Answer civil
What are DUTIES that are imposed on us by society (which have their roots in ethical conduct)
as expressed by the common law? - Answer 1) Duty to act carefully (not negligent)
2) Duty to tell the truth - to be loyal
3) Duty not to damage someone's reputation by disclosing untrue statements of fact about that
person/business
4) Duty to respect other people's property (real and personal property)
What type of law are these examples of?
-Car accidents caused by careless drivers that injure other motorists/pedestrians
-Medical malpractice - again resulting in bodily injury (or personal injury) - Answer Tort Law
_____ is the person who engages in tortious activitis (is negligent, defames someone, defrauds
someone) - Answer The Tortfeasor (TF)
In tort cases the jury has to decide 2 things: - Answer 1) Is the tortfeasor is
responsible/liable/to blame for injury - so in tort law we talk about whether the tf is liable (not
whether he is guilty)
2) And - if so - what damages are appropriate?
TORTS can be examined on a _____ - Answer fault/blame continuum
(We have no problem assessing blame if someone intends the act that causes injury. But we also
assess blame/fault if someone is careless and causes harm)
, Tortfeasor is the term for a person who commits a tort.
a.True
b.False - Answer a.True
List some intentional Torts? - Answer -Assault/Battery
- False Imprisonment
-Intentional infliction of emotional distress
-Defamation
Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him.
Mica files a suit against Louis for assault and battery. Mica will most likely recover for
a. assault and battery.
b. assault but not battery.
c. battery but not assault.
d. neither assault nor battery. - Answer a. assault and battery.
Once jury decides TF is liable/responsible, they must decide what damages should be awarded
to injured person. What is injured party entitled to and what are the damages designed to do? -
Answer 1) Injured party entitled to recover damages from TF
2) Typically damages are designed to compensate for the harm caused
Compensatory damages are broken down into what two categories? - Answer special and
general
Which compensatory damage?
quantifiable losses, such as medical expenses, lost wages, and benefits. - Answer Special
Which compensatory damage?
non-monetary, such as pain and suffering, damage to reputation - Answer General
This is only awarded if jury finds that TF acted maliciously or with conscious disregard for the
rights and safety of others. Designed to punish TF/make an example of TF (sometimes called
Questions And Actual Answers.
What 4 interests does Tort Law protect? - Answer 1) our property (personal and real property)
2) a person (auto accidents)
3) Our economic interests (so we can't steal from each other, we can't defraud others, we must
tell the truth, must be loyal, disclose information, bad partner/disloyal agent)
4) personal interests (right to be left alone, the right to a good reputation)
A tort is a (civil or criminal) wrong/act for which the court will provide a remedy - Answer civil
What are DUTIES that are imposed on us by society (which have their roots in ethical conduct)
as expressed by the common law? - Answer 1) Duty to act carefully (not negligent)
2) Duty to tell the truth - to be loyal
3) Duty not to damage someone's reputation by disclosing untrue statements of fact about that
person/business
4) Duty to respect other people's property (real and personal property)
What type of law are these examples of?
-Car accidents caused by careless drivers that injure other motorists/pedestrians
-Medical malpractice - again resulting in bodily injury (or personal injury) - Answer Tort Law
_____ is the person who engages in tortious activitis (is negligent, defames someone, defrauds
someone) - Answer The Tortfeasor (TF)
In tort cases the jury has to decide 2 things: - Answer 1) Is the tortfeasor is
responsible/liable/to blame for injury - so in tort law we talk about whether the tf is liable (not
whether he is guilty)
2) And - if so - what damages are appropriate?
TORTS can be examined on a _____ - Answer fault/blame continuum
(We have no problem assessing blame if someone intends the act that causes injury. But we also
assess blame/fault if someone is careless and causes harm)
, Tortfeasor is the term for a person who commits a tort.
a.True
b.False - Answer a.True
List some intentional Torts? - Answer -Assault/Battery
- False Imprisonment
-Intentional infliction of emotional distress
-Defamation
Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him.
Mica files a suit against Louis for assault and battery. Mica will most likely recover for
a. assault and battery.
b. assault but not battery.
c. battery but not assault.
d. neither assault nor battery. - Answer a. assault and battery.
Once jury decides TF is liable/responsible, they must decide what damages should be awarded
to injured person. What is injured party entitled to and what are the damages designed to do? -
Answer 1) Injured party entitled to recover damages from TF
2) Typically damages are designed to compensate for the harm caused
Compensatory damages are broken down into what two categories? - Answer special and
general
Which compensatory damage?
quantifiable losses, such as medical expenses, lost wages, and benefits. - Answer Special
Which compensatory damage?
non-monetary, such as pain and suffering, damage to reputation - Answer General
This is only awarded if jury finds that TF acted maliciously or with conscious disregard for the
rights and safety of others. Designed to punish TF/make an example of TF (sometimes called
