C713 Business Law Unit 3 - Torts exam questions and answers 2024

Tort A violation of a duty, or civil wrong, imposed by a civil law. A wrongful act, other than a breach of contract, that results in injury to another party's person, property, dignity or reputation. Recognized by statute or common law as a legitimate basis for liability. Negligence A surgeon removing the wrong kidney from a patient commits a tort called: Tortious Interference with a contract IF THE CONTRACT HAS BEEN SIGNED A business executive who deliberately steals a client away from a competitor interfering with a valid contract commits a tort called: The injured party The one who brings the case to court when a tort is committed District Attorney When criminal law or contract law is committed who bring the case to court Both a tort and crime If the defendant punches someone in the face has he committed or tort or a crime A con artists tricks you out of your money with a phony offer to sell a boat commits a tort called: Fraud Intentional Tort Caused by deliberate action. The harm doesn't have to be intentional only the act has to: Defamation injury caused by false statements: Libel Written/Published Defamation Slander Oral Defamation False Imprisonment Intentional restraint of another person without reasonable cause and without consent. Battery Intentional touching of another person in a way that is harmful or offensive. There need be no intention to hurt the plaintiff. Assault When a defendant does some act that makes the plaintiff FEAR imminent battery. It does not matter whether a battery ever occurs. Conversion Taking or using someone's personal property without consent Compensatory damages an amount of money the court believes will restore him to the position he was in before the defendant's conduct caused injury Compensatory damages When injury is caused defendants can be liable for: hospital bills, future treatment, lost wages, future estimated lost wages, money for pain and suffering. This is called: Punitive damages Intended to punish the defendant for conduct that is extreme and outrageous. A large sum should deter the defendant from repeating the mistake. Punitive damages What type of damages did wells fargo pay for creating customer accounts without customer knowledge and abusing their customers Tortious Interference When there is a contract between the plaintiff and a third party but the defendant knew of the contract and improperly induces the third party to breach the contract. (and there is injury to the plaintiff) Lanham Act This act provides a broad protection against false statements intended to hurt another business. Where one business knowing lies about another business. Defamation between two businesses. Tort Definition: A tort is an act or omission that gives rise to injury (invasion of legal right) or harm (loss or detriment that an individual suffers) to another and amounts to a civil wrong for which courts impose liability. Tort reform It limits/caps punitive damage rulings Tortious Interference with a Prospective Advantage IF THE CONTRACT HAS not BEEN SIGNED