LOMA 311 CHAPTER 2 EXAM REVIEW
QUESTIONS WITH 100% VERIFIED
ANSWERS
intentional tort - Answer-a private wrong committed by a person who intended to do
something that the law declares a wrong
Assault - Answer-intentional creation of a reasonable fear in the mind of the victim
of imminent bodily harm
Battery - Answer-intentional harmful or offensive physical
contact with another person
defamation - Answer-occurs when a person makes false statements that injure
the good name or reputation of another person
slander - Answer-when the defamatory statements are made orally
libel - Answer-when
the statements are made in writing
To succeed in a civil action for defamation - Answer-1) the defendant made a false
statement about
the plaintiff, (2) the defendant communicated the statement to a third party, and
(3) the statement injured the plaintiff's reputation.
Fraudulent misrepresentation - Answer-occurs when a person knowingly or willfully
makes a false statement with the intent that another person will rely on the statement
and will be harmed as a result of that reliance
Inducing a breach of contract - Answer-an intentional tort that occurs when a person
who is not a party to a contract persuades a contracting party to breach a contractual
obligation.
Trespass to land - Answer-unauthorized physical invasion of another's land
Conversion - Answer-unauthorized exercise
of dominion and control over another person's property
Negligence - Answer-private wrong
committed by a person who failed to exercise the legally required degree of care
in (1) doing something that is otherwise legally permissible or (2) omitting to do
, something that is otherwise legally required.
Contributory negligence - Answer-plaintiff's own negligence that contributes to his
loss.
comparative negligence - Answer-allows a plaintiff
who was contributorily negligent to recover from the defendant, but the amount of
that recovery is reduced in proportion to the plaintiff's fault.
Assumption of the risk - Answer-an affirmative defense that totally bars a plaintiff's
claim when the plaintiff understood the nature of the risk presented by the defendant's
conduct and voluntarily incurred that risk
Strict liability - Answer-liability without regard for whether the defendant was
at fault—is applied only in very restricted situations, such as when a defendant
engages in extremely hazardous activities
legal remedies - Answer-English courts followed rigid,
formalized procedures that provided only limited and specific remedies
damages, - Answer-consists of monetary
compensation that may be recovered by a plaintiff who suffered a loss or
injury as a result of a defendant's wrongful conduct.
compensatory damages - Answer-which are damages intended to compensate an
injured party for the amount of the
monetary losses that resulted from the defendant's wrongful conduct
benefit of the bargain - Answer-In an action for breach of contract, compensatory
damages generally are measured
as the
Punitive damages, exemplary damages - Answer-awarded in addition to compensatory
damages when a defendant's wrongful conduct was malicious or willful
nominal damages - Answer-when he was wronged but
he did not suffer a loss as a result of the wrong, cannot prove the amount of the
loss with reasonable certainty, or the loss was trivial
mitigate - Answer-minimize—the amount of damages that result from the
defendant's wrong.
Liquidated damages - Answer-A sum of money that the parties to
a contract have specified in their agreement as the amount
of damages to be recovered by a party if the other party
breaches the contract. The courts generally enforce a
QUESTIONS WITH 100% VERIFIED
ANSWERS
intentional tort - Answer-a private wrong committed by a person who intended to do
something that the law declares a wrong
Assault - Answer-intentional creation of a reasonable fear in the mind of the victim
of imminent bodily harm
Battery - Answer-intentional harmful or offensive physical
contact with another person
defamation - Answer-occurs when a person makes false statements that injure
the good name or reputation of another person
slander - Answer-when the defamatory statements are made orally
libel - Answer-when
the statements are made in writing
To succeed in a civil action for defamation - Answer-1) the defendant made a false
statement about
the plaintiff, (2) the defendant communicated the statement to a third party, and
(3) the statement injured the plaintiff's reputation.
Fraudulent misrepresentation - Answer-occurs when a person knowingly or willfully
makes a false statement with the intent that another person will rely on the statement
and will be harmed as a result of that reliance
Inducing a breach of contract - Answer-an intentional tort that occurs when a person
who is not a party to a contract persuades a contracting party to breach a contractual
obligation.
Trespass to land - Answer-unauthorized physical invasion of another's land
Conversion - Answer-unauthorized exercise
of dominion and control over another person's property
Negligence - Answer-private wrong
committed by a person who failed to exercise the legally required degree of care
in (1) doing something that is otherwise legally permissible or (2) omitting to do
, something that is otherwise legally required.
Contributory negligence - Answer-plaintiff's own negligence that contributes to his
loss.
comparative negligence - Answer-allows a plaintiff
who was contributorily negligent to recover from the defendant, but the amount of
that recovery is reduced in proportion to the plaintiff's fault.
Assumption of the risk - Answer-an affirmative defense that totally bars a plaintiff's
claim when the plaintiff understood the nature of the risk presented by the defendant's
conduct and voluntarily incurred that risk
Strict liability - Answer-liability without regard for whether the defendant was
at fault—is applied only in very restricted situations, such as when a defendant
engages in extremely hazardous activities
legal remedies - Answer-English courts followed rigid,
formalized procedures that provided only limited and specific remedies
damages, - Answer-consists of monetary
compensation that may be recovered by a plaintiff who suffered a loss or
injury as a result of a defendant's wrongful conduct.
compensatory damages - Answer-which are damages intended to compensate an
injured party for the amount of the
monetary losses that resulted from the defendant's wrongful conduct
benefit of the bargain - Answer-In an action for breach of contract, compensatory
damages generally are measured
as the
Punitive damages, exemplary damages - Answer-awarded in addition to compensatory
damages when a defendant's wrongful conduct was malicious or willful
nominal damages - Answer-when he was wronged but
he did not suffer a loss as a result of the wrong, cannot prove the amount of the
loss with reasonable certainty, or the loss was trivial
mitigate - Answer-minimize—the amount of damages that result from the
defendant's wrong.
Liquidated damages - Answer-A sum of money that the parties to
a contract have specified in their agreement as the amount
of damages to be recovered by a party if the other party
breaches the contract. The courts generally enforce a
