Busn 430 Exam 2 NDSU Questions and
Answers
Torts / Business torts - Answer -a wrongful act or an infringement of a right (other than
under contract) leading to civil legal liability/hat provide the common law rules on liability
which arise out of business transactions such as interference with economic or business
relationships and are likely to involve pure economic loss.
Purpose of tort law - Answer -the purpose of tort law is to provide remedies for the
invasion of various protected interests
Damages in Tort law - Answer -actions is to make the injured party whole through the
substitutionary remedy of money to compensate for tangible and intangible losses
caused by the tort.
-Compensatory Damages - Answer -Damages awarded to a person to restore P to
where he was before the accident
Damages that ACTUALLY flow from a tortious act - Answer -Special damages
include PAIN & SUFFERING and LOSS OF FUTURE EARNING CAPACITY. - Answer -
General damages
Designed to punish and make an example of the defendant to deter similar future
conduct - Answer -Punitive damages
Rationale behind tort reform - Answer -1.Limiting amount of punitive and general
damages
2. Capping amount of attorney contingency fees
3. Requiring losing party to pay both parties' expenses
Tortfeasor - Answer -must intend to commit an act that the consequence interfere with
intents of another
-evil/harm motive not required
Intentional Torts against Persons - Answer -wrongful actions that interfere with
individuals' legally recognized rights
, 1.threat, no motive is necessary, and plaintiff can be compensated for emotional harm,
unexcused, harmful, or offensive physical contact, physical injury not required - Answer
-Assault and Battery
confinement or restraint of another person's activities without justification - Answer -
False Imprisonment
Reasonable force - Answer -is a term associated with defending one's person or
property from a violent attack, theft, or other type of unlawful aggression.
extreme and outrageous conduct resulting in severe emotional distress to another -
Answer -Intentional Infliction of Emotional Distress
anything published or publicly spoken that causes injury to another's good name,
reputation, or character - Answer -Defamation
Libel - Answer -defamation in writing or another permanent form (digital recording)
Slander - Answer -defamation in oral form
Public figure / actual malice standard - Answer -public officials and public figures
(people who are famous) must show that statements were made with actual malice to
recover in an action for defamation. Actual malice means that a statement was made
with knowledge that it was false or with reckless disregard of whether or not it was false.
is the intrusion into the personal life of another, without just cause, which can give the
person whose privacy has been invaded a right to bring a lawsuit for damages against
the person or entity that intruded. - Answer -Invasion of Privacy
Appropriation - Answer -occurs when a defendant uses a plaintiff's name, likeness, or
image without his or her permission for commercial purposes.
Instance of false statement where (1) the party making the statement is aware that it is
false or disregards the possibility of it being false, (2) the party making the statement
does so to induce another party to enter into a contract, and (3) the other party enters
the contract as a result of the statement and consequently suffers a loss. - Answer -
Fraudulent Misrepresentation
Puffery - Answer -Exaggerated praise, especially when used in publicity.
is when parties to a case or their lawyers start or carry on law suits that have no chance
of winning. ... Such cases also delay the procedures of the courts. - Answer -Frivolous
litigation
occurs when someone wrongfully interferes with your business relationship. - Answer -
Wrongful Interference
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