Question: 1. A ___________ is a wrong. There are three categories of torts. They are: a. b. c. 2. ___________is the _____________ of immediate harm or
1. A ___________ is a wrong. There are three categories of torts. They are:
a.
b.
c.
2. ___________is the _____________ of immediate harm or _______________ contact or any _________ that arouses _________________ _____________________ of imminent harm.
3. Battery is _________________ and __________________ or offensive physical contact with another _____________ that causes injury.
4. A person who acts with the intent to injure one person but actually injures another, the doctrine of __________________ ______________ applies.
5. The intentional confinement or restraint of another person without authority or justification and without that persons consent constitutes _____________________.
6. A threat of _____________ harm or ___________moral pressure is not considered false imprisonment.
7. Almost all states have enacted merchant protection statutes, also known as the ________________ __________________. These statutes allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:
a. There are __________________ for the suspicion.
b. Suspects are detained for only a _______________ ______________.
c. Investigations are conducted in a ______________ ________________.
8. Any attempt by another person to appropriate a living persons name or identity for commercial purposes is actionable. The wrongdoer is liable for the tort of _____________ _____________ _______ ___________________________ (also called the ______________ ____________ ______________).
9. The law recognizes each persons right to live his or her life without being subjected to unwarranted and undesired publicity. A violation of this right constitutes the tort of ______________ ____________ ______________________________________.
10. The tort of defamation of character requires a plaintiff to prove that:
a: The defendant made an ____________________ of fact about the plaintiff.
bThe statement was intentionally or accidentally ___________ to a third party
11. A false statement that appears in writing or other fixed medium is ________. An oral defamatory statement is _______________.
12. The U.S. Supreme Court held that public officials ___________ recover for defamation unless they can prove that the defendant acted with _________________ ________________.
13. One of the most pervasive business torts is intentional misrepresentation. This tort is also known as ______________ or _______________.
14. Four elements are required to find fraud:
a. The wrongdoer made a ____________ ____________ of a _________________fact.
b. The wrongdoer had __________________ that the representation was false and intended to ___________________ the innocent party.
c. The innocent party ___________________ ________________ on the misrepresentation.
d. The innocent party was _____________.
15. The tort of intentional infliction of emotional distress, or the tort of outrage requires the plaintiff to prove that defendants conduct was so __________________ in character and so ________________ in degree as to go beyond all possible bounds of decency,
16. Under the doctrine of unintentional tort, commonly referred to as _________________, a person is liable for harm that is the __________________ __________________ of his or her actions
17. To be successful in a negligence lawsuit, the plaintiff must prove that:
a. The defendant owed a ____________ _____ _________ to the plaintiff.
b. The defendant ________________ this duty of care.
c. The plaintiff suffered ______________.
d. The defendants negligent act was the actual_________________ of the plaintiffs injury.
18. The violation of a statute that proximately causes an injury is _____________ _____ ______.
19. The ________________ ____________________ _____________ is a special tort rule that imposes liability on a landowner to children who have trespassed onto their property with the intent to play on the attractive nuisance and are killed or injured while doing so.
20. The doctrine of res ipsa loquitur means (Latin for the___________speaks for ____________itself).
21. Almost all states have enacted ________________ __________________ that relieve medical professionals from liability for injury caused by their ordinary negligence in such circumstances.
22. The defendant can raise the defense of assumption of the risk against the plaintiff. This defense assumes that the plaintiff:
a. Had ______________ of the specific risk
b. _________________ assumed that risk
23. Some states apply the doctrine of ___________________ ___________________, which holds that a plaintiff who is _______________ at fault for his or her own injury cannot recover against the negligent defendant.
24. The doctrine of __________________ ________________ holds that a participant in a covered activity will be held liable for any injuries caused by the activity, even if he or she was not negligent.
25. Strict liability is imposed for __________________ ________________ activities that cause injury or death.
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
