What are the purposes of tort law? correct answers - Appeasement
- Justice
- Deterrence
- Social Insurance
A tort's purpose it to make guilty party pay
Appeasement correct answers the purpose of the law is to limit the negative impact of the infliction of injury to the event of the injury ...
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What are the purposes of tort law? correct answers - Appeasement
- Justice
- Deterrence
- Social Insurance
A tort's purpose it to make guilty party pay
Appeasement correct answers the purpose of the law is to limit the negative impact of the
infliction of injury to the event of the injury itself
Justice correct answers Ethical retribution and Ethical compensation
Ethical retribution correct answers places emphasis on the fact that the payment of compensation
is harmful to the tortfeasor and that justice requires the tortfeasor to suffer the harm
Ethical compensation correct answers emphasizes the fact that payment of compensation is a
benefit to the victim of the wrong and declares that justice requires the victim should receive this
compensation
Deterrence correct answers according to this perspective, the rules of tort law are designed to
alter the incentives of interacting parties to control their future conduct in a manner that reduces
losses in the most efficient manner
- Minimize the total costs associated with accidents
Social insurance correct answers according to this view, the party who is in the best position to
spread the loss of the injury should be held liable
How does the law of torts compare with the law of contracts? correct answers Tort law is a civil
wrong other than a breach of contract, for which the courts will provide a remedy, in the form of
damages, to compensate the injured party
What are the goals of tort law? correct answers primarily designed to compensate injured
plaintiffs through an award of monetary damages
What are the differences between negligent torts and intentional torts? Do either require that
harm is intended? correct answers Intentional torts involve a deliberate action, while negligence
torts are unintentional torts that arise from the failure to use reasonable care toward someone.
Intentional torts require intended harm.
Are punitive damages the method by which the law of torts discourages wrongful actions, or is
the discouragement accomplished through the awarding of compensatory damages? correct
answers Most tort cases are awarded with compensatory damages, intending to make the plaintiff
,whole again. BUT, punitive damages are awarded to tort cases that strive to punish individual
defendants for being negligent or for having willful disregard for the plaintiff's safety.
How a business becomes involved in a tort correct answers - The actions of the business itself or
its employees
- One business commits a tort against another business
- Due to the products of the business (products liability)
Assault correct answers an intentional act placing a person in fear or apprehension of immediate
bodily harm or offensive contact
Elements to Assault correct answers - Intentional act
- Placing a reasonable person
- Fear or apprehension
- Immediate bodily harm or offensive conduct
Assault Case correct answers Hill v. Western Union
Hill v. Western Union Telegraph correct answers - Telegraph
- So drunk couldn't actually do these things but it appeared he could, and said things if a
reasonable person thinks they could do it then assault.
Battery correct answers an intentional act of physical contact or offensive touching of another
person without the other person's permission
Elements of Battery correct answers - Intentional act
- Physical contact/offensive touching
- Of another person
- W/o their permission
Note: physical harm is not required but physical contact is required
Defenses to Assault or Battery correct answers 1. Consent
2. Privilege
3. Self-defense
False imprisonment correct answers an intentional holding/detaining of a person within
boundaries if the detained person is harmed by the detention
Elements of False Imprisonment correct answers - Intentional act
- Holding or detaining another person
- Within boundaries (can be physical or oral)
- Harm due to confinement
,Defenses to Business False Imprisonment correct answers - Shopkeeper's privilege
- Statutory, some states --> NOT in Texas
- Business may have a "do not stop the shoplifter policy"
Intentional Infliction of Mental Distress correct answers Intentional conduct by a person that is
so outrageous, so beyond the bounds of decency that it causes several emotional or mental
distress in another, usually requires a manifestation of physical harm
Texas Elements for Infliction of Mental or Emotional Distress correct answers 1. The defendant
acted intentionally or recklessly
2. The defendant's conduct was extreme and outrageous
3. The actions of the defendant caused the plaintiff emotional distress
4. The emotional distress suffered by the plaintiff was severe
Invasion of Privacy correct answers - Unauthorized invasion of a person's right to solitude
- Unwarranted public exposure
- Must have public disclosure of private facts that are offensive to the ordinary person
Texas Elements of Invasion of Privacy correct answers 1.) the defendant intentionally intruded
on the plaintiff's solitude, seclusion or private affairs AND
2.) the intrusion would be highly offensive to a reasonable person
Invasion of Privacy Important Points correct answers • Unwarranted does not mean unwanted
• Public records render information public
• Public figures lose a lot of their right of privacy
Compare the torts of defamation, product disparagement, and false advertising. What is a
common element of the three torts? Do you think allowing a cause of action for those torts
promotes efficiency? correct answers Of all three of these torts, the common element is an act of
knowingly lying.
Defamation correct answers Publication of a false statement that injures a person's reputation or
good name; causing the public to hold that person up to hatred, contempt or ridicule, or to cause
him or her to be shunned or avoided
Types of Defamation correct answers - Slander --> oral
- Libel --> written
Defamation Elements correct answers • FALSE statement (do not have to know statement is
false)
• False statement must be published/broadcasted to a third party
• Harm must be suffered by the victim
Defenses to Defamation correct answers 1. truth
2. privilege --> absolute, constitutional, conditional/qualified
, Malicious Prosecution correct answers the wrongful use of legal proceedings, civil or criminal
Texas Law Elements of Malicious Prosecution correct answers • Begin or continue civil
proceedings against plaintiff to the malicious prosecution
• By or at the insistence of the Defendant
• With Malice
• With lack of probable cause
• Plaintiff must win case(s)
• Special damages or special injuries (Unique to Texas, to prevent frivolous lawsuits)
- Extremely hard to win these kinds of cases
Fraudulent Misrepresentation/Fraud Texas correct answers • Material misrepresentation,
falsehood or untruth with the intent to deceive
• Representation was false
• Speaker knew the representation was false of made it recklessly without any knowledge of its
truth
• Speaker made the representation with the intent that it should be acted upon by the party
• Party acted in reliance upon the representation AND
• The Party thereby suffer injury
(Very similar to Common Law Elements)
Disparagement correct answers • Form of Defamation
• Business Defamation
Disparagement Elements correct answers • Untrue statement about Plaintiff's product/property
• Defendant knew (or should have known) statement was false
• Statement made with MALICE
• Special Damages
Disparagement Types correct answers • Slander of Title
• Slander of Quality/Trade Libel (more common)
False Advertising correct answers • Similar to Product disparagement but deals with your own
product
• False Statement about your own product
• Covered by Federal Law...Lanham Act
Intentional Interference with Contractual Relations Elements correct answers • Valid contract
between two other parties
• The Tortfeasor (Defendant) must know of the contract between the two other parties
• Tortfeasor must entice one to the other two parties to breach the original contract thereby
damaging the other original party
Texaco v. Pennzoil
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