BLAW 2200 EXAM 2 STUDY GUIDE
Tort - Answers - civil injury designed to provide a remedy (damages) for injury to a
protected interest
Damages available in tort actions: - Answers - compensatory; quantifiable losses;
general; punitive
Tort action compensatory: - Answers - reimburse plaintiff for actual losses
Tort action quantifiable losses: - Answers - medical expenses, lost wages, benefits
Tort action general: - Answers - non-monetary, such as pain and suffering, reputation
Tort action punitive: - Answers - punish the wrongdoer
Types of tort reform: - Answers - limit punitive and general damages; capping what
attorneys receive in contingency cases; losing party pays all expenses
tortfeasor - Answers - person committing the tort
transferred intent: - Answers - intent of tortfeasor is transferred when he intends to harm
person "A" but unintentionally harms person "B" as well
Types of intentional torts against persons: - Answers - assault/battery; false
imprisonment; infliction of emotional distress; defamation; invasion of privacy; business
torts
Assault - Answers - intentional, unexcused act that creates a reasonable apprehension
or fear of; immediate harmful or offensive contact; NO CONTACT NECESSARY
What is battery? - Answers - the completion of the assault (intentional or unexcused;
harmful, offensive or unwelcome; physical contact)
Plaintiff in a battery: - Answers - can be compensated for physical and emotional harm
False imprisonment - Answers - confinement or restraint of another persons activities
without justification (merchants may reasonably detain customers if there is probable
cause)
Intentional infliction of emotional distress: - Answers - extreme and outrageous results in
severe emotional distress in another (most courts require some physical symptom or
illness)
, defamation - Answers - involves wrongfully hurting a persons good reputation; law
imposes duty to refrain from making false statements of fact about others
slander - Answers - orally breaching defamation
libel - Answers - breaching defamation in print or media or internet
Defamation (opinion) - Answers - published statement must be fact; opinions are
protected speech under the first amendment and not actionable
Publication requirement - Answers - gravamen of defamation is the "publication" of a
false statement to a 3rd party that holds an individual up to hatred, contempt or ridicule
in the community
Defamation Libel - Answers - general damages are presumed; plaintiff does not have to
prove actual injury (include compensation for disgrace, dishonor, humiliation, injury to
reputation and emotional distress)
Defamation slander - Answers - general rule: proof of special damages(actual economic
loss)
Slander per se - Answers - no proof of damages is necessary when the statement
involves: loathsome disease, business improprieties, serious crime, or that a woman is
non-chaste
Defamation defenses - Answers - truth; privileged speech; public figures
To prevail against public figures: - Answers - plaintiff must show the statement was
made with "actual malice"
Invasion of privacy - Answers - use of persons name; intrusion of individuals affairs or
seclusion; publication of information that places a person in false light; public disclosure
of private facts; use of another name or identifying characteristics for commercial
purposes without the owner's consent
Fraudulent misrepresentation - Answers - misrepresentation of material facts and intent
to induce another to rely justifiable reliance by innocent party; damages as a result of
reliance; casual connection
abusive litigation - Answers - torts related to abusive or frivolous litigation include:
malicious prosecution and abuse of process
Wrongful interference with a contractual relationship occurs when(business tort): -
Answers - defendant knows about contracts between a and b
intentionally induces either a or b to breach the contract
defendant benefits from breach
Tort - Answers - civil injury designed to provide a remedy (damages) for injury to a
protected interest
Damages available in tort actions: - Answers - compensatory; quantifiable losses;
general; punitive
Tort action compensatory: - Answers - reimburse plaintiff for actual losses
Tort action quantifiable losses: - Answers - medical expenses, lost wages, benefits
Tort action general: - Answers - non-monetary, such as pain and suffering, reputation
Tort action punitive: - Answers - punish the wrongdoer
Types of tort reform: - Answers - limit punitive and general damages; capping what
attorneys receive in contingency cases; losing party pays all expenses
tortfeasor - Answers - person committing the tort
transferred intent: - Answers - intent of tortfeasor is transferred when he intends to harm
person "A" but unintentionally harms person "B" as well
Types of intentional torts against persons: - Answers - assault/battery; false
imprisonment; infliction of emotional distress; defamation; invasion of privacy; business
torts
Assault - Answers - intentional, unexcused act that creates a reasonable apprehension
or fear of; immediate harmful or offensive contact; NO CONTACT NECESSARY
What is battery? - Answers - the completion of the assault (intentional or unexcused;
harmful, offensive or unwelcome; physical contact)
Plaintiff in a battery: - Answers - can be compensated for physical and emotional harm
False imprisonment - Answers - confinement or restraint of another persons activities
without justification (merchants may reasonably detain customers if there is probable
cause)
Intentional infliction of emotional distress: - Answers - extreme and outrageous results in
severe emotional distress in another (most courts require some physical symptom or
illness)
, defamation - Answers - involves wrongfully hurting a persons good reputation; law
imposes duty to refrain from making false statements of fact about others
slander - Answers - orally breaching defamation
libel - Answers - breaching defamation in print or media or internet
Defamation (opinion) - Answers - published statement must be fact; opinions are
protected speech under the first amendment and not actionable
Publication requirement - Answers - gravamen of defamation is the "publication" of a
false statement to a 3rd party that holds an individual up to hatred, contempt or ridicule
in the community
Defamation Libel - Answers - general damages are presumed; plaintiff does not have to
prove actual injury (include compensation for disgrace, dishonor, humiliation, injury to
reputation and emotional distress)
Defamation slander - Answers - general rule: proof of special damages(actual economic
loss)
Slander per se - Answers - no proof of damages is necessary when the statement
involves: loathsome disease, business improprieties, serious crime, or that a woman is
non-chaste
Defamation defenses - Answers - truth; privileged speech; public figures
To prevail against public figures: - Answers - plaintiff must show the statement was
made with "actual malice"
Invasion of privacy - Answers - use of persons name; intrusion of individuals affairs or
seclusion; publication of information that places a person in false light; public disclosure
of private facts; use of another name or identifying characteristics for commercial
purposes without the owner's consent
Fraudulent misrepresentation - Answers - misrepresentation of material facts and intent
to induce another to rely justifiable reliance by innocent party; damages as a result of
reliance; casual connection
abusive litigation - Answers - torts related to abusive or frivolous litigation include:
malicious prosecution and abuse of process
Wrongful interference with a contractual relationship occurs when(business tort): -
Answers - defendant knows about contracts between a and b
intentionally induces either a or b to breach the contract
defendant benefits from breach
