In most states, proximate cause is determined by _________. d. robby's conduct doesn't constitute assault because there is no threat of immediate bodily harm. Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. A crime, on the other hand, also denotes a wrong, a very serious one. A shopper was in a large department store that was remodeling its menswear department and had hired a contractor to do the work. the violation of a duty of care is called, which of the following are elements of causation, cause in fact is also known as ____ cause, ______ cause is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury, ___ cause is sometimes referred to as 'but for ' causation, proximate cause is also sometimes referred to as ____. A landlord employed his friend as the on-site manager of one of his apartment buildings despite being aware that he had previously been arrested for criminal battery, disorderly conduct, and driving while intoxicated. One thing both categories of torts has in common is that if the tortious conduct is serious enough, a plaintiff may recover punitive damages. If he were to breach this care, whether it’s intentional or unintentional, he could be liable for a tort. Which of the following is a correct statement regarding Bob's liability , if any, to Alice? A false statement that appears in writing or other fixed medium is _____, while an oral defamatory statement is _____. They are also known as negligent acts. 2.rear ending another car because you were not watching traffic; 4.failing to leave someone's premises after being told to do so. A tort is an act or omission, other than a breach of contract, which gives rise to injury or harm to another, and amounts to a civil wrong for which courts impose liability. which of the following is not a defense to battery? Cram.com makes it easy to get the grade you want! federal sentencing guidelines that penalize individuals who use crack cocaine more heavily than those who use powder cocaine In an ethnographic study of black and white working- class men, Deirdre Royster (2003) found that employment was determined by__ Sociology Chapter 8 Flashcards | Quizlet. All of the following are examples of tort reform proposals EXCEPT A) modifying the collateral source rule. Alice ran a successful dog grooming shop, and Bob decide to open a dog grooming shop next door foley to run her out of business because he was angry over the breakup. Difference between tort law and criminal law is not hard to understand. intentional infliction of emotional distress. A quasi intentional tort is a tort which is often unintentional or is nonchalantly but directly damaging to someone's privacy or psychological well being. Tort is derived from the Latin word ‘Tortus’, which means wrong. WHAT IS A TORT? Battery is the legal term for hitting someone, or otherwise touching them in an offensive manner (such as the case of sexual battery), which comes from the verb "to batter." The opposite of an intentional tort-something that is done on accident that seriously injures or kills another person but can be linked to negligence. None of the above. A housecleaning agency was given a key to a customer's house so that the agency could have its employees clean while the homeowner was away. d. when a person causes an object to be placed on the land of another without the landowner's permission, when a person stays on the land of another when the owner tells him to depart, and when a person refuses to remove something he placed on the property that the owner of the property asked him remove, which of the following is not an intentional tort against economic interests, a false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as ____. He fell and struck his head on the sharp corner of a display case. The manager did a good job dealing with the general maintenance of the apartment building, although the landlord was aware that he continued to drink heavily. Health Insurance Portability and Accountability Act. ____ damages are small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff, ____ damages are awarded to punish the defendant. Start studying Ethics Tort Law: Unintentional Tort. Expert Answer 100% (1 rating) Previous question Next question Get more help from Chegg. which of the following is true regarding the tort of fraudulent misrepresentation? Start studying Surgical Technology: Chapters 1-4. Which of the following is an unintentional tort? B) eliminating caps on noneconomic damages. Punitive damages are available for unintentional and intentional tort causes of action. Which of the following is an INCORRECT statement regarding misuse of confidential information and the agent's duty of loyalty? Therefore, he’d be liable for a tort. Study 40 Chap 1-3 Principles of Law of Enforcement 1040 flashcards from Latasha R. Aggravated raped involves at least one of the following circumstances: (1) the victim. An unintentional tort is what most torts are. Deformation. of the following, who would typically be public figures for the purposes of the public figure privilege to actions for defamation? When the carpenter left the store to take a break, she left a carpenter's level projecting out into one of the aisles, unbeknownst to any store employees. c. she has no duty to render assistance to the child. For example, if someone leaves a banana peel on the sidewalk and a passerby slips and breaks a leg, this is an unintentional tort; the banana-eater didn’t intend to harm the passerby, but an injury still occurred. Which of the following is NOT an intentional tort? Which of the following is an example of unintentional discrimination? a. bob has committed the tort of unfair competition. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Which of the following is an unintentional tort? Which of the following is true regarding Ben's actions? which of the following occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact? Battery. A. negligence B. innocent misrepresentation C. fraud D. dual-purpose mission Question 20 of 40 2.5/ 2.5 Points Taylor gives power of attorney to his twin brother Corey, permitting Corey to make all decisions on his behalf while he is abroad. An unintentional tort is a type of unintended accident that leads to injury, property damage, or financial loss. Which Of The Following Is True Of Criminal Law Quizlet Chapter 10. Negligence. She neglected to lock the door when she left the second time because she was already late for the next job. CHAPTER 30 QUIZ Intentional torts include all but which of the following? C. Force was authorized in the employment. It was based upon custom. Test Prep. Home; Services. Uploaded By joycezhang7614. Which of the following is unlikely to be classified an intentional tort: 278. which of the following is most likely a correct statement regarding Susan's duty, if any to the child? The shopper required hospitalization and sued the store for his injuries. Which of the following torts is also referred to as the tort of outrage? The developer subsequently sold one of the stores to a barber. a. to allow the judge and jury to infer that more likely than not the defendants negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. Unintentional torts are accidents that are caused by a person to you or your property. 1.stealing trade secrets 3.punching a person out of anger. The front door was open, and there were no signs of forced entry. Assuming res ipsa loquitur applies, what is the effect of that doctrine? Which of the following is an intentional tort ? They get into an argument and mike takes a swing at Ben, intending to hit him. Which of the following circumstances has no bearing on whether an employer will be vicariously liable for an employee's intentional tort? School Carleton University; Course Title BUSI 2601A; Type. which of the following is not a typical type of compensatory damage? An unintentional tort is a civil wrong caused by an accident, not by deliberate malice. A. battery B. intentional infliction of emotional distress C. assault D. false imprisonment E. negligence Your answer is correct. Ben shoves mike in order to avoid the blow. d. torts against persons, property, and economic interests. Damage to property or a personal injury caused by another person is a civil wrong called a tort. The following are some of the more common intentional tort claims. Learn vocabulary, terms, and more with flashcards, games, and other study tools. c. the Communications Decency Act of 1996. which of the following is an absolute defense to defamation? Learn vocabulary, terms, and more with flashcards, games, and other study tools. Under the doctrine of respondeat superior, an employer: A principal will be vicariously liable for the tortious acts of her independent contractor __________. Which of the following is true? which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims, d. res ipsa loquitur and negligence per se. 5.falsely claiming our product is superior to another in a TV commercial. There are three types of tort actions; negligence, intentional torts, and strict liability. Sure rendered unconscious from the impact is lying on the street. QUESTION 34. Learn term:unintentional torts = negligence malpractice with free interactive flashcards. After a maid sent by the agency had finished and left the homeowner's house, she went back because she had forgotten her cigarettes. Regarding vicarious liability, which of the following statements is true. robby, who lives in SD, calls Bobby, who lives in Miami, FL on the telephone and threatens to break his nose. Pages 14; Ratings 100% (3) 3 out of 3 people found this document helpful. The developer had heard that the contractor did shoddy work, but the price was right and the contractor expressly assumed all of the risk of any liability. while driving her car down the street, Susan sees a child playing near the road with no adult supervision. Many of us have a somewhat fair knowledge of what constitutes Tort Law and what constitutes Criminal Law. which of the following is a correct statement regarding whether Tina has a legal duty to come to the aid of Susie after the accident? The most common kind of unintentional tort is negligence. Most doctors and psychiatrists know that this can ruin their career, … in order to establish a claim for negligence, the plaintiff must prove that: d. the defendant owed the plaintiff a legal duty, and the defendant breached the legal duty, a person who commits a tort is often referred to as the ____. when an ____ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. strict tort liability The "but for" test: is the test for causation Which of the following is prohibited under HIPAA? which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others? c. its unlikely that the student can recover because the accident could not have been avoided even with reasonable care. Which of the following makes it acceptable to report confidential client information abuse, neglect or exploiation is suspected? Uploaded by: w7blair. international torts are divided into which of the following 3 categories? When would a plaintiff use the doctrine of res ipsa loquitur? Which of the following is NOT an element of an unintentional tort A Duty Page 4 from BLAW 2013 at University of Arkansas mikes gets angry because Ben made a better grade on a test than he did. c. ben hasn't committed assault or battery because he acted in self defense, a. a written poster hanging in the school cafeteria which states that the principal stole money from the school treasury, to recover damages in a case of slander, the plaintiff must prove ______ damages. Shortly before she returned 15 minutes later, the shopper came down that aisle and tripped over the level. Bob, who has a large trust fund, is angry with Alice because she stopped dating him. This preview shows page 8 - 11 out of 14 pages. b. tina has a legal duty to come to Susie's aid because she negligently hit her. libel, slander. Which of the following circumstances has no bearing on whether an employer will be vicariously liable for an employee's intentional tort? d. the burden of proof shifts to the defendant. For example, if someone leaves a banana peel on the sidewalk and a Negligence of this nature is the most common example of an unintentional tort, and can become the basis of a court case to claim compensation. A) breach of duty of care B) defect in product manufacture C) disparagement D) negligence . ordinary. which of the following refers to the extent to which, as a matter of policy, a defendant may be held liable fro the consequences of his actions? Courts usually award punitive damages in cases in which the offender has committed ______. Oh no! In other words, a wrong has been committed and the remedy is money damages to the person wronged. d. a party who makes fraudulent misrepresentations must intends that other parties rely upon the misrepresentations; the injured party must have reasonably relied upon the misrepresentations; and the injured party must have suffered damages because of relying on the misrepresentation. Assault. which of the following is not a privacy tort. When the homeowner returned after a few days away, she discovered that her house had been ransacked and several items of jewelry stolen. e. intentional tort results from a person willfully taking actions that are likely to cause injury, while negligent torts involve the failure to exercise reasonable care to protect another's person or property, the _____ standard is a measurement of the way members of society expect an individual to act in a given situation. Clients who feel that they have suffered damages as a result of a professional's breach of his or her duty of care can bring a negligence case against the professional referred to as a _____________ case. All of the above. under which of the following situations does the tort of trespass to realty occur? The employee was furthering the business of the employer. under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _____. At first glance, we know that they both involve an act of wrongdoing. Battery. Conversion. Which of the following is an example of an unintentional tort? c. Negligence. Tina negligently hits student Susie with her car. Which if the following is an unintentional tort a Assault b Fraudulent. which of the following is a correct statement regarding intentional torts and negligent torts? D) imposing penalties to deter frivolous lawsuits. Manager . Which of the following is unlikely to be classified an intentional tort: 279. Despite the fact that both recognise and declare certain act… Torts are divided into three main categories, intentional torts, unintentional torts and strict liability torts. Which of the following is true? d. False imprisonment. +1-000-123-4256. Friction was generated by the employment. A nurse acting to accomplish goals in an efficient manner with other people is fulfilling which of the following roles? d. To punish the offender and to deter others from committing similar offenses. Question 19 of 40 2.5/ 2.5 Points Which of the following is considered an intentional tort? It looks like your browser needs an update. B. A tort is the harmful act that results in an injury and it can be either intentional or unintentional. A developer constructed several small stores in a commercial district. Which if the following is an unintentional tort a. a. Strategic Facilitation; Professional Development Coaching; Posted on December 17, 2020 by View the step-by-step solution to: Question 1) Which of the following is an intentional tort? b. Quickly memorize the terms, phrases and much more. Study Flashcards On Law ch 12 at Cram.com. This may take the form of a doctor accidentally revealing damaging information about a patient which causes them to lose their face or to have their reputation damaged. under which of the following situations does the tort of trespass to realty occur? If the injury or damage was unintentional, then the wrong is called an unintentional tort. A. A. A few months later, an awning collapsed without warning, injuring a customer who was about to enter the barbershop. Choose from 74 different sets of term:unintentional torts = negligence malpractice flashcards on Quizlet. For example, if he was to drive his car drunk and then run a red light, which resulted in an accident then he would be found guilty of breaching his duty of care. Get Answer. A violation of this right constitutes the tort of invasion of the right to _____. Which of the following is an intentional tort? A carpenter employed by the contractor was working on the remodeling job. Causation Which Results In Suffering. which of the following type s of images is intended to reimburse a plaintiff for his/ hers losses? D. The employee was negligently supervised by the employer. She received a bid from a contractor to install awnings on the front windows of the stores. An unintentional tort is a civil wrong caused by an accident, not by deliberate malice. Negligence. An unintentional tort is one that is negligent, as opposed to intentional torts, which are torts done deliberately. C) regulation of attorney fees. To ensure the best experience, please update your browser. 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