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Exam (elaborations)

BLW 302 Perez Exam 2 Questions and Answers

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BLW 302 Perez Exam 2 Questions and Answers Tort - ANSWER-A civil wrong Tortfeasor - ANSWER-The person/entity that commits the tort Damages - ANSWER-Monetary compensation for the victim of a tort Compensatory damages - ANSWER-Compensate the victim for their actual losses Special Damages - ANSW...

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  • October 30, 2024
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BLW 302 Perez Exam 2 Questions and

Answers


Tort - ANSWER✔✔-A civil wrong


Tortfeasor - ANSWER✔✔-The person/entity that commits the tort


Damages - ANSWER✔✔-Monetary compensation for the victim of a tort


Compensatory damages - ANSWER✔✔-Compensate the victim for their actual losses


Special Damages - ANSWER✔✔-Quantifiable losses, medical expenses, lost income/benefits, property

damage


General Damages - ANSWER✔✔-Pain and suffering, lose of consortium, disfigurement, harm to

reputation, mental impairment, physical capacity


Punitive Damages - ANSWER✔✔-Designed to punish the tortfeasor and deter others from acting in a

similar manner


What are Punitive damages based on? - ANSWER✔✔-Based upon extreme and outrageous conduct, the

amount is based upon the economic worth of the tortfeasor


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Intentional Torts - ANSWER✔✔-The tortfeasor acts with intent to cause harm


Transferred intent - ANSWER✔✔-If tortfeasor intends to harm A, but harms B, the intent to harm will be

"transferred" to B; allowing B to recover for any damage.


Required for Assault Tort - ANSWER✔✔-1. Intentional and unexcused




2. Threat of immediate harmful or offensive contact(word or act)




3. That creates a reasonably believable threat


Required for Battery tort - ANSWER✔✔-1. An unexcused and harmful or offensive physical contact




2. Intentionally performed




3. Whether the contact is offensive is determined by a reasonable person standard


Required for False Imprisonment - ANSWER✔✔-1.Intentional confinement of another person or restraint

of another person's activities without justification.


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2.Use of physical barriers, physical restraint, or threats of physical force.




3.Physical Harm not required.


Shopkeeper Privilege Defense - ANSWER✔✔-Merchant may detain someone suspected of shoplifting.


1. Reasonable manner


2. Reasonable length of time


Intentional infliction of emotional distress - ANSWER✔✔-1. Extreme and outrageous conduct




2. Resulting in severe emotional distress


Required for defamation - ANSWER✔✔-1. False statement of fact.




2. About the plaintiff and tended to harm the plaintiff's reputation.




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