(pt 4) Understanding the Basis of Tort Law

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What is the defining characteristic of gross negligence?

It involves unintentional failure to perform a duty.

It is an intentional failure to perform a manifest duty in reckless disregard of the effect on life or property. (correct)

It is rarely offered in negligence lawsuits.

It includes intentional harm to another person.

In negligence actions, which defense is widely used and compares the fault of both parties?

Punitive damages

Comparative negligence (correct)

Consent

Statute of limitations

What does transferred intent refer to in intentional torts?

Intending to cause emotional distress, but causing physical harm instead.

Intending to harm one person, but accidentally harming another. (correct)

Unintentionally causing harm through negligence.

Intending to perform a harmful action without realizing the consequences.

What is the primary distinction between assault and battery?

Assault is a threat of physical harm, while battery involves actual physical contact. Signup and view all the answers

Which tort involves the intentional confinement or restraint of another person's activities without justification?

False imprisonment Signup and view all the answers

What is a common defense in negligence lawsuits where the plaintiff consents to the act causing damage?

Consent Signup and view all the answers

'Evil or harmful motive' is not a requirement for which type of tort?

Battery Signup and view all the answers

'Extreme outrageous conduct resulting in severe emotional distress' relates to which tort?

'Intentional infliction of emotional distress' Signup and view all the answers

'Repeated annoyances coupled with threats' are usually sufficient to support a claim for which tort?

'Intentional infliction of emotional distress' Signup and view all the answers

What is the main purpose of tort law?

Compensate individuals who have suffered harm or injury Signup and view all the answers

Which term refers to monetary compensation for harm or injury in tort law?

Special damages Signup and view all the answers

What type of damages compensates individuals for the nonmonetary aspects of harm suffered?

General damages Signup and view all the answers

What are punitive damages intended to do in tort law cases?

Punish the defendant and deter similar conduct Signup and view all the answers

Which term is used to describe a monetary award equivalent to the actual value of injuries sustained?

Compensatory damages Signup and view all the answers

What does singular damage refer to in tort law?

Injury only to property, not persons Signup and view all the answers

In tort law, what do special damages compensate plaintiffs for?

'Quantifiable monetary losses' like medical expenses Signup and view all the answers

What is the purpose of awarding general damages in tort law?

Compensate individuals for nonmonetary aspects of harm Signup and view all the answers

What do general damages not typically cover in tort law?

'Repairing damaged property' Signup and view all the answers

(pt 4) Understanding the Basis of Tort Law

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