TORTS 240 – 1ST SHORT ANSWER/ESSAY TEST – FALL 2013 – 50 POINTS 1. What is a Tort? (1 POINT) A tort is a civil wrong for which the law provides a remedy, usually in the form of damages. 2. What are the three general categories of torts? Briefly describe each category. (3 POINTS) Intentional torts: A tort in which the defendant (tortfeasor) knows or should know with substantial certainty that the act in question will cause a particular consequence. No actual damages need to be suffered in an intentional tort. The finding that a protected interest was violated is sufficient. Negligence: A tort committed by failure to observe the standard of care as required by law. Negligence requires the following criteria to be met – (a) A duty of care is owed; (b) That duty of care was breached; (c) That breach directly and proximately caused damages; and (d) Those damages are measurable. Strict Liability: Liability without fault. The defendant is liable regardless of the presence of negligence or intention. This tort is reserved for inherently dangerous actions, products, or situations in which the defendant obtains a benefit from the action or product and an innocent public is unable to protect itself. The defendant takes an unreasonable risk with the public’s safety. 3. Describe the reasonable person standard. Is it an objective or subjective standard? (2 POINTS) The reasonable person standard asks how a sensible person, who possesses all facts of the situation, would act under the circumstances. This is an objective standard, as it compares the defendant’s action to that of a hypothetical person and therefore disregards whether the defendant believed he or she was acting reasonably. 4. What is the difference between intent and motive in intentional torts? Which matters and which does not. (1 POINT) Intent involves what the tortfeasor intends to happen or believes will happen. Motive is the reason for the tortfeasor’s actions. While intent is material to an intentional tort, motive is irrelevant. 5. What is a battery? What is the protected interest? Give an example. (2 POINTS) Battery is purposeful infliction of harmful or offensive contact upon a person, such as one person physically striking another during an argument. The protected interest is the freedom to be protected from harmful or offensive touching. 6. What is an assault? What is the protected interest? Give an example. (2 POINTS) Assault is the threat of immediate harmful or offensive contact upon a person, such as the verbal threat to harm a person if they do not comply with another’s demands. The protected interest is the safety and security of persons from threats of harm. 7. To be entitled to compensation for an assault or battery, does actual damage need occur. (1 POINT) No actual damages need to be proven if an assault or battery is proven. The finding th …
