Tort Law - Week 4 Questions and
Answers Graded A+
Abuse of process - Answers-Malicious and improper use of the courts or other forms of
legal proceedings.
Appropriation - Answers-Invasion of privacy that is defined as the unauthorized
exploitive use of one's personality, name, or picture for the defendant's benefit.
Artisans Lien - Answers-if a car mechanic may rightfully retain an auto on which he has
worked until he receives payment for his labor.
Assault - Answers-An intentional act that creates a reasonable apprehension of an
immediate harmful or offensive physical contact.
Assault and Battery - Answers-Considered two torts they can present together as of
example when Tom waves his fist in front of Sams face and then punches Sam in the
nose. They can also present seperately, there can be assault with no battery and there
can be battery with no assault. For example, when the person being attacked does not
see the threat of physical contact before it actually occurs.
Battered woman's syndrome - Answers-The result of a continuing pattern of abuse and
violence. The cycle typically has three stages:
1. First stage is minor physical or verbal abuse that escalates while the victim tries to
mollify his or her abuser by remaining passive.
2. Stage two is when the actual battery occurs.
3. the abuser asks for forgiveness and promises never to abuse again. This period of
calm then leads to the cycle starting all over again.
Battery - Answers-An intentional act that creates a harmful or offensive physical contact.
bOTH aSSAULT AND bATTERY - Answers-The contact does not have to actually be
physically painful.It simply must be harmful or offensive.
Causation - Actual Cause or Cause in fact - Answers-This is measured by the but for
standard but for the defendants actions, the plantiff would not have been injured.
Causation - Proximate cause - Answers-One actual cause is found, as a policy matter,
the court must also find that the act and the resulting harm were so foreseeably related
as to justify a finding of liability
Causation- "But for" standard - Answers-In a tort action the defendents actions must be
the cuase of the plantiffs injuries. One commonly used test referred to as the "But for
, Standard", it is necessary to establish that if the defendant had not acted in the manner,
the plantiff would not have been injured.
Defamation - Answers-The publication of false statements that harm a person's
reputation.
Defamation defenses include: - Answers-Truth
Privilege
Defamation of Public Figures - Answers-Under New York Times Co. v. Sullivan rule
public figures must show:
1. Publication
2. of false statements
3. that cause harm to reputation and
4. made with actual malice.(knew the publication was false or acted with reckless
disregard)
Defamation Per Se - Answers-Remarks considered to be harmful that they are
automatically viewed as defamatory. The plantiff does not need to prove the statments
caused him or her harm, as it is presumed they did so.
Defamation per se remarks include: - Answers-That someone has a loathsome
communicable disease,
That someone committed business improprieties
That someone has been imprisoned for a serious crime
That an unmarried woman is unchaste
Defense to assault and battery - Answers-The defendants that can be raised to an
assault and battery claim are consent, self defense, defense of others, and sometimes
defense to property.
Defenses to negligence - Assumption of the Risk - Answers-The plantiff knowingly and
voluntarily subjects himself or herself to danger; traditionally, this has been a complete
bar to the plantiff's suit. Today assumption of the risk has been eliminated in many
states that have adopted comparative negligence.
Defenses to negligence - Comparative negligence - Answers-The plantiff fails to use
due care; the plantiff's negligence is compared to the defendent's negligence, and
damages are reduced accordingly.
Defenses to negligence - Contributory negligence - Answers-Negligence by the plantiff
that contributed to his or her injury. Normally, it is a complete bar to the plantiffs
recovery. it was the plantiffs breach of duty to protect him - or herself that was the
proximate cause of the injuries.
Answers Graded A+
Abuse of process - Answers-Malicious and improper use of the courts or other forms of
legal proceedings.
Appropriation - Answers-Invasion of privacy that is defined as the unauthorized
exploitive use of one's personality, name, or picture for the defendant's benefit.
Artisans Lien - Answers-if a car mechanic may rightfully retain an auto on which he has
worked until he receives payment for his labor.
Assault - Answers-An intentional act that creates a reasonable apprehension of an
immediate harmful or offensive physical contact.
Assault and Battery - Answers-Considered two torts they can present together as of
example when Tom waves his fist in front of Sams face and then punches Sam in the
nose. They can also present seperately, there can be assault with no battery and there
can be battery with no assault. For example, when the person being attacked does not
see the threat of physical contact before it actually occurs.
Battered woman's syndrome - Answers-The result of a continuing pattern of abuse and
violence. The cycle typically has three stages:
1. First stage is minor physical or verbal abuse that escalates while the victim tries to
mollify his or her abuser by remaining passive.
2. Stage two is when the actual battery occurs.
3. the abuser asks for forgiveness and promises never to abuse again. This period of
calm then leads to the cycle starting all over again.
Battery - Answers-An intentional act that creates a harmful or offensive physical contact.
bOTH aSSAULT AND bATTERY - Answers-The contact does not have to actually be
physically painful.It simply must be harmful or offensive.
Causation - Actual Cause or Cause in fact - Answers-This is measured by the but for
standard but for the defendants actions, the plantiff would not have been injured.
Causation - Proximate cause - Answers-One actual cause is found, as a policy matter,
the court must also find that the act and the resulting harm were so foreseeably related
as to justify a finding of liability
Causation- "But for" standard - Answers-In a tort action the defendents actions must be
the cuase of the plantiffs injuries. One commonly used test referred to as the "But for
, Standard", it is necessary to establish that if the defendant had not acted in the manner,
the plantiff would not have been injured.
Defamation - Answers-The publication of false statements that harm a person's
reputation.
Defamation defenses include: - Answers-Truth
Privilege
Defamation of Public Figures - Answers-Under New York Times Co. v. Sullivan rule
public figures must show:
1. Publication
2. of false statements
3. that cause harm to reputation and
4. made with actual malice.(knew the publication was false or acted with reckless
disregard)
Defamation Per Se - Answers-Remarks considered to be harmful that they are
automatically viewed as defamatory. The plantiff does not need to prove the statments
caused him or her harm, as it is presumed they did so.
Defamation per se remarks include: - Answers-That someone has a loathsome
communicable disease,
That someone committed business improprieties
That someone has been imprisoned for a serious crime
That an unmarried woman is unchaste
Defense to assault and battery - Answers-The defendants that can be raised to an
assault and battery claim are consent, self defense, defense of others, and sometimes
defense to property.
Defenses to negligence - Assumption of the Risk - Answers-The plantiff knowingly and
voluntarily subjects himself or herself to danger; traditionally, this has been a complete
bar to the plantiff's suit. Today assumption of the risk has been eliminated in many
states that have adopted comparative negligence.
Defenses to negligence - Comparative negligence - Answers-The plantiff fails to use
due care; the plantiff's negligence is compared to the defendent's negligence, and
damages are reduced accordingly.
Defenses to negligence - Contributory negligence - Answers-Negligence by the plantiff
that contributed to his or her injury. Normally, it is a complete bar to the plantiffs
recovery. it was the plantiffs breach of duty to protect him - or herself that was the
proximate cause of the injuries.
