Intentional Torts
Intentionally causing harmful or offensive physical contact with another person.
What is Battery
A company makes misleading claims about its product in an advertisement.
What is False Advertising
Damages designed to reimburse an injured plaintiff for actual losses.
What are compensatory damages?
The legal obligation to act with the level of care required under the circumstances.
What is duty of care?
This asks whether the injury would have occurred without the defendant's conduct.
What is factual cause?
Intentionally causing another person to reasonably fear immediate harmful or offensive contact.
What is Assault
A competitor intentionally and improperly persuades a company's customer to break an existing contract.
What is tortious interference with a contract?
Damages intended to punish especially wrongful conduct and deter similar behavior
What are punitive damages?
A defendant fails to behave as a reasonable person would under similar circumstances
What is breach of duty?
“Would the plaintiff have been injured but for the defendant's conduct?” describes this causation test.
What is the but-for test?
A store security guard intentionally prevents a customer from leaving a room without legal justification
What is False Imprisonment
A company uses a celebrity's photograph in an advertisement without permission.
What is commercial exploitation?
A boxer generally cannot successfully sue an opponent for ordinary punches received during a properly conducted match because of this defense.
What is consent?
Courts often use this hypothetical person to determine whether someone's conduct was negligent.
Who is the reasonable person?
This limits liability to consequences sufficiently connected to the defendant's conduct.
What is proximate cause?
This tort involves extreme and outrageous conduct that intentionally causes severe emotional distress.
What is intentional infliction of emotional distress?
This federal law can be used against certain false or misleading commercial advertising.
What is the Lanham Act?
Certain legally protected circumstances can allow conduct that otherwise might constitute a tort.
What is privilege?
Name the five elements commonly analyzed in a negligence claim
What are duty of care, breach, factual cause, proximate cause, and damages?
Proximate cause frequently focuses on whether the general type of harm was reasonably this.
What is foreseeable?
A business knowingly publishes a false statement that harms a competitor's reputation.
What is defamation?
Company A falsely tells customers that Company B's product contains a dangerous chemical, hoping customers will switch brands. Name the business tort most directly involving the false statement about the competitor's product.
What is false advertising?
A jury awards an injured customer $40,000 for medical bills and lost wages plus $1 million to punish a company's especially reckless conduct. Name the two types of damages.
What are compensatory and punitive damages?
A grocery store employee sees a spilled drink but ignores it for an hour. A customer slips and breaks an arm. The employee's failure to clean the spill most directly concerns this negligence element.
What is breach of duty?
A driver negligently hits a utility pole. The pole falls and injures a pedestrian standing nearby. The pedestrian's injury is the kind of consequence that could reasonably be anticipated. This fact primarily supports which type of causation?
What is proximate cause?