Exam (elaborations)
BLAW Exam 2
- Institution
- Captains Career Course Module 5 Post Test 2
Exam of 8 pages for the course Captains Career Course Module 5 Post Test 2 at Captains Career Course Module 5 Post Test 2 (BLAW Exam 2)
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BLAW Exam 2What is a tort? - CORRECT ANSWER-A tort is a civil wrong for which the law
provides a remedy
Vicarious Liability - CORRECT ANSWER-makes an employer liable for the torts
of the employee, while the employee is on the clock (intentional or unintentional)
Type of Damages - CORRECT ANSWER-- compensatory (actual or "out of
pocket")
- consequential (special)
- general (for something other than a direct monetary loss)
- punitive (to punish the wrongdoer)
T/F Vicarious Liability means a business will only be responsible for the
intentional torts of its' employees - CORRECT ANSWER-False
T/F Tort law is designed to protect a person from injury - CORRECT
ANSWER-False
Intentional Torts - CORRECT ANSWER-tortfeaser must "intend" to commit the
act
- he intended the consequences of his act OR
- he knew with substantial certainty that certain consequences would result
Assault - CORRECT ANSWER-intentional, unexcused act that...
- creates reasonable apprehension or fear of
- immediate harmful or offensive contact
- not contact necessary
Battery - CORRECT ANSWER-- intentional or unexcused
- harmful, offensive or unwelcome physical contact
- plaintiff may be compensated for physical and emotional harm
Fast Imprisonment - CORRECT ANSWER-- confinement or restraint of another
persons activities without justification
, - merchants may reasonably detain customers if there is probable cause
Merchant Protection Statute - CORRECT ANSWER-a merchant may detain a
suspected shoplifter or thief without being subject to a claim of false
imprisonment if
- there is probable cause
- for a reasonable time
- the investigation (including confinement) of the matter was conducted in a
reasonable fashion
Defamation - CORRECT ANSWER-wrongfully hurting a person's good reputation
- law imposes duty to refrain from making false statements of fact about others
- slander and libel
What is slander? - CORRECT ANSWER-oral defamation
- actual damages must be proven
What is libel? - CORRECT ANSWER-written defamation (print, media, or
internet)
- damages are presumed
Defamation for Public FIgures - CORRECT ANSWER-plaintiff must show the
statement was made with "actual malice"
Is it hard to prove defamation? - CORRECT ANSWER-Yes, it is very hard to
prove defamation
Invasion of Privacy - CORRECT ANSWER-use of Person's Name or Likeness
(except if newswothy
- intrusion on individual affairs or seclusion
- public disclosure of private facts
Fraudulent Misrepresentation (Fraud) - CORRECT ANSWER-misrepresentation
of material fact
- intent to induce another to rely
- justifiable reliance by innocent party
- damages as a result of reliance
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