Law 3220 Exam 2 Clemson Questions
and Answers 100% Solved | Graded A+
Tort Law - ✔✔breach of duty of care to someone else and it causes them
injury
Negligence based tort law - ✔✔Must show:
- that the person who committed the tort owed a duty of care to the other
person
- have to show the duty of care was breached
- Show that you suffered injury/damages
- show that there was a causal connection between negligent person's
actions and your actions
Causal connection (3 types) - ✔✔Actual cause, proximate cause, and
superseding cause
Actual cause - ✔✔"cause in fact"; someone walks up to you and punches
you in the face; no dispute
Proximate cause - ✔✔We are going to limit tort liability to consequences
that are foreseeable likely to occur based upon the actions
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,EX: Construction company is digging a trench at a work site, don't leave
any signs, someone walks into it at night and gets injured
Superseding Cause - ✔✔Intervening conduct; cuts off the liability; someone
else is more liable than the negligent person
Defenses to negligence based torts - ✔✔Assumption of risk, comparative
negligence, liability waiver
Assumption of risk - ✔✔You assume the risk of being there, you were
made aware the of the potential dangers and you still agreed to go; cannot
receive damages
Comparative negligence - ✔✔Court determines that the injured party was
somewhat negligent; the damages are reduced
Liability waiver - ✔✔Only affective against negligence based-torts; to be
affective, the liability language has to be clear, in writing, and all parties
must have signed the waiver
Categories of tort - ✔✔Assault and battery
Assault - ✔✔No physical contact is required; to be in fear of immediate
bodily harm; threat of being harmed
Battery - ✔✔Actual unlawful contact with your person; unauthorized
contact; someone actual comes up and hits you in the face
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, Potential Defenses for Assault and Battery (3) - ✔✔Consent, privilege, self-
defense
Consent - ✔✔You agree to normal contact associated with those activities
Privilege - ✔✔Not guilty to trespassing for being on their property if you are
going to help someone
Self-defense - ✔✔match their force with equal force; not excessive force
False Arrest - ✔✔Police detaining or holding you without your consent in an
unreasonable manner
False imprisonment - ✔✔Detained suspected shoplifters in an
unreasonable manner
Infliction of emotional distress - ✔✔Outrageous or severe conduct likely to
inflict severe emotional or mental distress in most people
Invasion of privacy - ✔✔We expect that our private life will remain private;
use your name or photo without your permission; publicize anything about
your life that you do not want shown; not something that is already public!!!;
hard for professionals/celebrities to win an invasion of privacy case
Defamation - ✔✔Slander, libel defamation per se; Have to show that you
communicated FALSE info to a third part and it caused them harm or
damage
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
and Answers 100% Solved | Graded A+
Tort Law - ✔✔breach of duty of care to someone else and it causes them
injury
Negligence based tort law - ✔✔Must show:
- that the person who committed the tort owed a duty of care to the other
person
- have to show the duty of care was breached
- Show that you suffered injury/damages
- show that there was a causal connection between negligent person's
actions and your actions
Causal connection (3 types) - ✔✔Actual cause, proximate cause, and
superseding cause
Actual cause - ✔✔"cause in fact"; someone walks up to you and punches
you in the face; no dispute
Proximate cause - ✔✔We are going to limit tort liability to consequences
that are foreseeable likely to occur based upon the actions
1
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
,EX: Construction company is digging a trench at a work site, don't leave
any signs, someone walks into it at night and gets injured
Superseding Cause - ✔✔Intervening conduct; cuts off the liability; someone
else is more liable than the negligent person
Defenses to negligence based torts - ✔✔Assumption of risk, comparative
negligence, liability waiver
Assumption of risk - ✔✔You assume the risk of being there, you were
made aware the of the potential dangers and you still agreed to go; cannot
receive damages
Comparative negligence - ✔✔Court determines that the injured party was
somewhat negligent; the damages are reduced
Liability waiver - ✔✔Only affective against negligence based-torts; to be
affective, the liability language has to be clear, in writing, and all parties
must have signed the waiver
Categories of tort - ✔✔Assault and battery
Assault - ✔✔No physical contact is required; to be in fear of immediate
bodily harm; threat of being harmed
Battery - ✔✔Actual unlawful contact with your person; unauthorized
contact; someone actual comes up and hits you in the face
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, Potential Defenses for Assault and Battery (3) - ✔✔Consent, privilege, self-
defense
Consent - ✔✔You agree to normal contact associated with those activities
Privilege - ✔✔Not guilty to trespassing for being on their property if you are
going to help someone
Self-defense - ✔✔match their force with equal force; not excessive force
False Arrest - ✔✔Police detaining or holding you without your consent in an
unreasonable manner
False imprisonment - ✔✔Detained suspected shoplifters in an
unreasonable manner
Infliction of emotional distress - ✔✔Outrageous or severe conduct likely to
inflict severe emotional or mental distress in most people
Invasion of privacy - ✔✔We expect that our private life will remain private;
use your name or photo without your permission; publicize anything about
your life that you do not want shown; not something that is already public!!!;
hard for professionals/celebrities to win an invasion of privacy case
Defamation - ✔✔Slander, libel defamation per se; Have to show that you
communicated FALSE info to a third part and it caused them harm or
damage
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
