BUSFIN 3500 Midterm: 4. Midterm Review

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C1.
D2.
B3.
C4.
Practice Questions
Primary objective: provide compensation for injured partiesa.
Definition: body of law that concerns torts - civil wrongs that gives injured party
right to bring a lawsuit against the wrongdoer to recover compensation for injuries
b.
Parameters: occurs when defendant acts with intention of engaging in a
specific act that results in an injury
1.
Harm to individuals physical or mental integrityi.
Assault - one person places another in fear or
apprehension of an immediate, offensive bodily
contact
a.
Consenti.
Self-defenseii.
Defense of othersiii.
Defense of propertyiv.
Defenses for battery:1.
Battery - an intentional, unwanted, offensive bodily
contact
b.
Assault and battery1.
Libel - printed forma.
Special damages apply to slander and is
specific monetary loss that arose from the
situation
1.
Loathsome communicable diseasei.
Committed a serious crimeii.
Professionally incompetentiii.
Woman is unchasteiv.
Slander per se - statements so harmful that
general damages are assumed; requirements:
2.
Slander - oral formb.
Privilege: admits to charge, but does not
1.
Standard defense: truth orc.
Defamation - intentional publication, or communication
to a third party of a false statement to one's individual
reputation
2.
Types:ii.
Against personsa.
Divisions:2.
Intentional Torti.
Types:c.
Tort LawI.
Midterm Review
Sunday, January 22, 2017 04:14 PM
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Privilege: admits to charge, but does not
believe should be held liable
1.
Public Figure Privilege: People not held
responsible for false statements about public
figures
2.
Fair Report Privilege: protects media if an
article is made based on actual report
3.
False light - publicity of a figure creates an
image of said person that is not valid
1.
Public disclosure of private facts2.
Appropriation for commercial gain3.
Intrusion on an individuals' affairs or
seclusion
4.
Classifications:a.
Privacy torts3.
False imprisonment - individual confined or restrained
against his/her will for an appreciable amount of time
4.
There must be physical consequences of the
emotional distress to be upheld
a.
Intentional Infliction of Emotional Distress IIED - when
someone engages in outrageous, intentional conduct
likely to cause extreme emotional distress to another
party
5.
Malicious prosecutiona.
Wrongful civil proceedingsb.
Abuse of processc.
Misuse of Illegal Procedure6.
Trespass to realty - when one 1) enters the land of another
without permission, 2) causes an object to be placed on the
land of another without the owner's permission, 3) stays on
the land of another when the owner instructs departure, 4)
refuses to remove something he placed on the property that
the owner asked him to remove
i.
Private nuisanceii.
Trespass to personal propertyiii.
Conversion - when a person permanently removes personal
property from the owner's possession and control
iv.
Against propertyb.
Must prove loss of sales or someone leaving contract
negotiations
1.
Slander of quality - oral; trade libel - print; slander of
title - relationship to title
2.
Disparagement by Computer - erroneous info from
computer about credit standing or reputation impairs
ability to obtain credit, info owner fails to correct info in
timely manner
3.
Disparagement - defamation focused on ones' property
(product)
i.
Intentional interference with contract
ii.
Against economic interestsc.
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