Torts Overview and Intentional Torts Quiz

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Questions and Answers

What distinguishes intentional torts from unintentional torts?

Unintentional torts require a fault.

Unintentional torts are always criminal acts.

Intentional torts include intent to harm. (correct)

Intentional torts involve no intent to harm.

Which of the following is an example of a tort against property?

Assault

Negligence

Defamation

Trespass (correct)

What does the classification of torts include?

Only torts against property

Only torts against people

Only criminal acts

Both torts against persons and property (correct)

What defines unintentional torts?

They are fault without intent to harm. Signup and view all the answers

What is one possible legal response available to a defendant in tort cases?

Raise a legally recognized defense Signup and view all the answers

Which of the following scenarios would most likely be classified as an unintentional tort?

A store fails to clean up a spill, leading to a customer's fall. Signup and view all the answers

Which of the following is not a characteristic of torts?

They always involve criminal intent. Signup and view all the answers

Which statement regarding intentional torts is accurate?

They require a demonstration of malicious intent. Signup and view all the answers

What constitutes assault in terms of actions or words?

A threat of immediate harmful or offensive contact Signup and view all the answers

What differentiates battery from assault?

Battery requires physical contact Signup and view all the answers

What are the two standards used to determine if contact is offensive in battery cases?

Subjective and objective standards Signup and view all the answers

Which of the following can be a valid defense to assault and battery claims?

Consent Signup and view all the answers

What is required for a self-defense claim in an assault case?

An imminent threat of harm Signup and view all the answers

What type of contact is considered battery?

Only offensive or harmful contact intentionally performed Signup and view all the answers

Which of these statements about physical contact in battery is true?

The contact must be offensive or harmful to qualify as battery. Signup and view all the answers

How is the offensive nature of contact determined in battery cases?

Through both subjective experience and objective reasoning Signup and view all the answers

What must a plaintiff prove in a slander case to establish liability?

Special damages Signup and view all the answers

Which of the following statements qualifies as slander per se?

A statement alleging someone has a serious crime conviction Signup and view all the answers

What is an absolute defense against defamation claims?

Truth Signup and view all the answers

Which of the following is NOT a type of slander per se?

Statement of fraud in business dealings Signup and view all the answers

What legal concept protects against falsely disparaging a company's goods or services?

Trade libel Signup and view all the answers

If a plaintiff is victimized by slander per se, what do they NOT need to prove?

Special damages Signup and view all the answers

What type of privilege allows for statements made in official legislative or judicial proceedings?

Absolute privilege Signup and view all the answers

In what scenario can businesses be defamed?

By making statements regarding product quality Signup and view all the answers

What is the effect of a successful defense in a tort case?

Releases the defendant from partial or full liability. Signup and view all the answers

Which of the following best defines direct intent in the context of intentional torts?

The tortfeasor acted with the purpose of causing harm. Signup and view all the answers

What is meant by 'substantial certainty' concerning intentional torts?

The tortfeasor anticipated that certain outcomes would occur. Signup and view all the answers

In what scenario does transferred intent apply?

The tortfeasor intends to harm one person but accidentally harms another. Signup and view all the answers

What constitutes an assault in legal terms?

Any unexcused threat of imminent harmful or offensive contact. Signup and view all the answers

Which of the following accurately describes the purpose of defenses in tort law?

To reduce or eliminate the defendant's liability. Signup and view all the answers

Which of these statements regarding intentional torts is true?

Intentional torts can be established through direct intent or substantial certainty. Signup and view all the answers

Which statement about the components of an assault is incorrect?

Assault cannot occur solely through verbal threats. Signup and view all the answers

What is the primary question that courts ask to determine causation in negligence cases?

Is there causation in fact? Signup and view all the answers

What does the 'but for' test determine in causation?

If the injury would have happened without the defendant's act Signup and view all the answers

What is considered a foreseeable risk in the context of negligence?

A risk the reasonable person would expect and prepare for Signup and view all the answers

In negligence cases, if a tortfeasor breaches their duty of care but did not cause the injury, what is the likely outcome?

They are not held liable Signup and view all the answers

What is the significance of proximate cause in negligence law?

It establishes a strong causal connection for liability Signup and view all the answers

Which of the following is not a question asked when determining causation in negligence?

Did the act result in significant media coverage? Signup and view all the answers

Which scenario best illustrates an obvious risk that does not require a warning?

A person walking on a paved sidewalk Signup and view all the answers

What does a defendant owe to a plaintiff regarding foreseeable risks?

They owe a duty of care to protect against foreseeable risks Signup and view all the answers

Study Notes

Intentional vs. Unintentional Torts

Intentional torts involve deliberate actions that cause harm, while unintentional torts involve negligence or carelessness.

Tort Against Property

A tort against property is an act that harms someone's tangible property.

Tort Classification

The classification of torts includes intentional torts, unintentional torts, and strict liability torts.

Unintentional Torts

Unintentional torts are also known as negligence.
They are defined by carelessness or a failure to exercise reasonable care.

Defenses in Tort Cases

One possible legal response available to a defendant in tort cases is to raise a defense.
Defenses can include contributory negligence, assumption of risk, or self-defense.

Unintentional Tort Scenario

A scenario where someone accidentally spills coffee on another person, causing a burn.

Tort Characteristics

A lack of intent is not a characteristic of all torts.

Intentional Torts

An accurate statement regarding intentional torts is that they require a deliberate act.

Assault

Assault in legal terms consists of threatening or causing someone to fear immediate harm through words or actions.

Battery vs. Assault

Battery involves actual physical contact, whereas assault involves the threat of harm.

Offensive Contact Standards

The two standards used to determine if contact is offensive in battery cases are the objective standard (would a reasonable person find the contact offensive?) and the subjective standard (did the contact cause the victim to feel offended?).

Defense Against Assault and Battery

A valid defense to assault and battery claims could be consent.

Self-Defense in Assault

A self-defense claim in an assault case requires the threat of imminent harm and the use of reasonable force in response.

Battery Contact

Any unwelcome physical contact, even if not severe, can be considered battery.

Battery's Physical Contact

Physical contact in battery can be direct or indirect. It can involve the defendant's own body or an object controlled by the defendant.

Offensive Contact Determination

The offensive nature of contact in battery cases is determined by considering whether the contact would be offensive to a reasonable person under the circumstances.

Slander Liability

To establish liability in a slander case, a plaintiff must prove the defendant made a false statement that harmed the plaintiff's reputation.

Slander Per Se Statements

A statement qualifying as slander per se could be one accusing someone of committing a crime.

Defamation Defense - Truth

Truth is an absolute defense against defamation claims.

Slander Per Se Types

A statement claiming someone has a contagious disease is NOT a type of slander per se.

Disparagement

The legal concept of disparagement protects against falsely disparaging a company's goods or services.

Slander Per Se Plaintiff Burden

A plaintiff in a slander per se case does not have to prove special damages (financial losses).

Legislative/Judicial Privilege

Privilege allowing for statements made in official legislative or judicial proceedings is called absolute privilege.

Business Defamation

Businesses can be defamed through false statements about their products or services.

Successful Tort Defense

A successful defense in a tort case can result in the dismissal of the lawsuit or a reduction in damages.

Direct Intent in Torts

Direct intent in the context of intentional torts means the defendant acts with the purpose of causing a specific harm.

Substantial Certainty in Tort

'Substantial certainty' in intentional torts implies the defendant knew their actions would likely cause harm, even without intending the specific outcome.

Transferred Intent

Transferred intent applies when a defendant intends to commit a tort against one person but actually harms another person.

Assault, Legal Definition

In legal terms, assault is the intentional act of causing apprehension of immediate harmful or offensive contact.

Purpose of Tort Defenses

Defenses in tort law aim to justify the defendant's actions or reduce their liability.

Intentional Torts Statement

An accurate statement regarding intentional torts is that they may involve acts that are both criminal and tortious.

Assault Components

An incorrect statement about the components of an assault is that it requires physical contact.

Causation in Negligence

The primary question that courts ask to determine causation in negligence cases is "Did the defendant's action cause the plaintiff's injury?"

'But For' Test

The 'but for' test in causation determines whether the plaintiff's injury would have occurred without the defendant's negligence.

Foreseeable Risk in Negligence

A foreseeable risk in the context of negligence is a risk that a reasonable person would foresee as likely to occur.

No Causal Connection

In negligence cases, if a tortfeasor breaches their duty of care but did not cause the injury, they will likely not be held liable.

Proximate Cause

Proximate cause is significant in negligence law because it limits the scope of liability to only those consequences that are reasonably foreseeable.

Causation Question in Negligence

A question NOT asked when determining causation in negligence is, "Did the plaintiff have a pre-existing condition?"

Obvious Risk Example

A scenario that best illustrates an obvious risk is a sign warning about a wet floor.

Defendant Duty Regarding Foreseeable Risks

A defendant owes a plaintiff a duty to warn of foreseeable risks that the plaintiff is unlikely to be aware of or that the plaintiff is unlikely to be able to appreciate.

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Description

Test your knowledge on the fundamentals of tort law, focusing on the definitions and classifications of intentional and unintentional torts. This quiz covers crucial concepts such as fault, intent, and assault, ensuring a comprehensive understanding of civil wrongs. Perfect for law students and anyone interested in legal principles!