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LEB 320F Exam 2 Questions and Answers (Graded A)
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LEB 320F Exam 2 Questions and Answers
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LEB 320F Exam 2 Questions and AnswersContract: - Answer -- broken agreement
Tort - Answer -- not over broken agreements (ex: injury, emotional distress)
Intentional tort - Answer -- how badly the defendant behaved- the degree of fault
- act that is intented to hurt, embarrass, or scare another person or to damage another person's property. Assault, Battery, Defamation, Intentional infliction of emotional distress, False imprisonment, Invasion os privacy.
-Involves deliberate intentional or reckless bad behavior
- NOT A CRIMINAL CASE
Reckless behavior - Answer --Behaving dangerously, even if you are not intentionally trying to hurt someone; intentional tort cases; Ex. waiving around a loaded weapon or drunk driving
- most are negligence
Negligence - Answer -- failure to act with the prudence that a reasonable person would exercise under the same circumstances
- awarded compensatory damages only
Compensatory Damages - Answer -- an amount of money awarded by the court to make up for loss of income or emotional pain and suffering
- can be awarded in all civil cases
Punitive Damages - Answer -- money payments for damages that go beyond what the innocent party actually lost and that are designed to punish the wrongdoer
- can be awarded in all civil cases
Tort Law - Answer -Law that deals with harm to a person or a person's property.
Difference between Intentional Tort and Negligence - Answer -intent
Assault - Answer -- a threatened or attempted physical attack by someone who appears
to be able to cause bodily harm if not stopped
- Based upon fear Battery - Answer -an assault in which the assailant makes physical contact
Reasonable Person Standard - Answer -The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence.
Defense to Battery - Answer -- Self-defense
- Consent
Defamation - Answer -an abusive attack on a person's character or good name
3 Types of Defamation - Answer -a) Slander - Spoken defamation
b) Libel- written defamation
Slander - Answer -- words falsely spoken that damage the reputation of another
- Somewhat less serious than the other types of defamation
- Plaintiffs have to demonstrate special damages in order to win an ordinary slander case
Special damages - Answer -- Damages that can be awarded to a plaintiff in a lawsuit upon proof of specific monetary loss
Malice - Answer -- desire to harm others
- NYT example: can't win the case unless malice is proven
Libel - Answer -- a tort consisting of false and malicious publication printed for the purpose of defaming a living person
5 things to demonstrate to win a negligence - Answer -1. Duty of care - Owed to you, legal responsibility
2. Breach of Duty - Someone was not as careful as he/she is required to be
3. Causation (cause-in-fact) - Show that they caused your problem
4. Proximate causation - Somebody made the kind of thing for something to be legally responsible
5. Damages - How much money you've been losing
Duty of care - Answer -The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
Obligations towards guests - Answer -a) Trespasser- somebody who comes to your property. You have no special obligation towards trespasser
b) Social Guest - Obligation to warn them about hidden dangers that you are aware of
c) Business Guest - Obligation to keep them safe from all dangers
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