BUSA2106 Study Guide 3 UPDATED ACTUAL Questions and
CORRECT Answers
1. tort A tort is a civil wrong, other than a breach of
contract, for which the law provides a remedy.
2. 3 categories of tort intentional
negligence
strict liability
3. intentional torts Assault, battery, intentional infliction of emo-
tional distress (IIED), invasion of privacy, false
imprisonment, defamation, product dispar-
agement.
4. tort of assault vs tort of battery · An assault is the intentional putting another in
immediate apprehension of imminent harmful
or offensive contact. The victim is not touched.
· A battery is the intentional infliction of non-
consensual harmful or offensive contact. The
victim is actually touched.
5. Can touching or grabbing something the Yes
plaintiff is holding or wearing consti-
tute a battery? (Recall Fisher v. Carrousel
Motor Hotel when the hotel employee
grabbed the plaintiff's plate.)
6. What are the three types of the tort of · Appropriation of one's likeness - used by
invasion of privacy? Can you think of an someone without your permission for their fi-
example of each type of invasion of pri- nancial benefit
vacy? · Intrusion upon seclusion - violation of one's
privacy where one has legitimate expectation
of privacy, e.g. one's bedroom
Publicity of one's private life - publication of
, highly objectionable, private facts about one's
life, even if they are true
7. You should know that some intentional Assault, battery, false imprisonment, publicity
torts are also crimes. In Georgia, at least of one's private life (for rape victims), trespass,
six torts are also crimes: and fraud.
8. News media are not liable for defam- Malice or reckless disregard for the truth
atory statements that they print about
public officials and public figures,
unless those statements are made
with or with a
.
9. T/F If a defendant in a defamation suit True
can prove that his statements about the
plaintiff were true, the defendant will not
be liable for defamation.
10. five elements in the tort of negligence · Existence of a duty of care owed by the defen-
dant (the defendant is the one who caused the
harm) to the plaintiff (the plaintiff is the one
who suffered the harm)
· Unreasonable behavior by the defendant that
breaches his duty
· Causation in fact
· Proximate causation (also called legal causa-
tion)
An actual injury
11. In everyday life, each of us has a duty to · A business has a heightened duty of care to
act as a reasonable person that does not its customers
subject others to an unreasonable risk of · A common carrier (e.g. a bus company, an
CORRECT Answers
1. tort A tort is a civil wrong, other than a breach of
contract, for which the law provides a remedy.
2. 3 categories of tort intentional
negligence
strict liability
3. intentional torts Assault, battery, intentional infliction of emo-
tional distress (IIED), invasion of privacy, false
imprisonment, defamation, product dispar-
agement.
4. tort of assault vs tort of battery · An assault is the intentional putting another in
immediate apprehension of imminent harmful
or offensive contact. The victim is not touched.
· A battery is the intentional infliction of non-
consensual harmful or offensive contact. The
victim is actually touched.
5. Can touching or grabbing something the Yes
plaintiff is holding or wearing consti-
tute a battery? (Recall Fisher v. Carrousel
Motor Hotel when the hotel employee
grabbed the plaintiff's plate.)
6. What are the three types of the tort of · Appropriation of one's likeness - used by
invasion of privacy? Can you think of an someone without your permission for their fi-
example of each type of invasion of pri- nancial benefit
vacy? · Intrusion upon seclusion - violation of one's
privacy where one has legitimate expectation
of privacy, e.g. one's bedroom
Publicity of one's private life - publication of
, highly objectionable, private facts about one's
life, even if they are true
7. You should know that some intentional Assault, battery, false imprisonment, publicity
torts are also crimes. In Georgia, at least of one's private life (for rape victims), trespass,
six torts are also crimes: and fraud.
8. News media are not liable for defam- Malice or reckless disregard for the truth
atory statements that they print about
public officials and public figures,
unless those statements are made
with or with a
.
9. T/F If a defendant in a defamation suit True
can prove that his statements about the
plaintiff were true, the defendant will not
be liable for defamation.
10. five elements in the tort of negligence · Existence of a duty of care owed by the defen-
dant (the defendant is the one who caused the
harm) to the plaintiff (the plaintiff is the one
who suffered the harm)
· Unreasonable behavior by the defendant that
breaches his duty
· Causation in fact
· Proximate causation (also called legal causa-
tion)
An actual injury
11. In everyday life, each of us has a duty to · A business has a heightened duty of care to
act as a reasonable person that does not its customers
subject others to an unreasonable risk of · A common carrier (e.g. a bus company, an
