100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
Business Law Midterm University of Utah STRAT 3410 questions with complete solutions $12.99   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Memphis
  4.  
  5. Mktg 3410

Exam (elaborations)

Business Law Midterm University of Utah STRAT 3410 questions with complete solutions
 11 views  0 purchase

Business Law Midterm University of Utah STRAT 3410What element do all intentional torts have in common? - correct answer Affirmative & Volitional Act In an intentional torts case, what is the plaintiff trying to prove? - correct answer Prima Facie, this is the burden of proof Prima Facie - co...

[Show more]

Preview 3 out of 28  pages

Document information

  • May 1, 2024
  • 28
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

Subjects

  • business law midterm university of utah strat 3410

Written for

All documents for this subject (50)

Seller

avatar-seller
maxiscore

Reviews received

Content preview

Business Law Midterm University of Utah STRAT 3410
What element do all intentional torts have in common? - correct answer Affirmative & Volitional Act
In an intentional torts case, what is the plaintiff trying to prove? - correct answer Prima Facie, this is the burden of proof
Prima Facie - correct answer First look
What is the simplest tort? - correct answer Battery
What is the meaning of affirmative? - correct answer An act actually done
Someone runs into a fire and you do not throw water on them. Is this an affirmative act? - correct answer No, not affirmative, therefore not a tort, because you did not act.
What is the meaning of acting with volition? - correct answer Acting purposefully and voluntarily, making
a conscious choice to act. Individual decides on and commits to a particular course of action.
To win a tort case, must you prove all elements? - correct answer Yes
What are the elements of battery? - correct answer - an affirmative and volitional act
- with intent to cause a harmful or offensive contact with the plaintiff or a third person
- that directly or indirectly causes a harmful or offensive contact to a person or an object closely identified with the plaintiff's body
What is the first element of battery? - correct answer An affirmative and volitional act What is the second element of battery? - correct answer With intent to cause a harmful or offensive contact with the plaintiff or a third person
What is the third element of battery? - correct answer That directly or indirectly causes a harmful or offensive contact to a person or an object closely identified with the plaintiff's body
What case readings did we read about battery? - correct answer Wagner v. State of Utah, Palsgraf v. Long
Island RailRoad
What must be done involving intent and consequence of actions? - correct answer SEPARATE THEM. Intent is divided from consequence of action.
What are the elements of assault? - correct answer - affirmative & volitional act
- with intent to cause a harmful or offensive contact to plaintiff or third person OR with intent to cause an apprehension ("Fearful knowledge") of an immediate harmful or offensive contact
- that creates in the mind of the plaintiff a reasonable apprehension of such contact
What is the first element of assault? - correct answer An affirmative & volitional act
What is the second element of assault? - correct answer With intent to cause a harmful or offensive contact to plaintiff or third person OR with intent to cause an apprehension ("fearful knowledge") of an immediate harmful or offensive contact
What is the third element of assault? - correct answer That creates in the mind of the plaintiff a reasonable apprehension of such contact
Difference between battery and assault? - correct answer Battery - touching
Assault - apprehension (fear of contact)
What are the elements of false imprisonment? - correct answer - affirmative & volitional act
- with intent to confine the plaintiff or a third person within boundaries set by the defendant
- that directly or indirectly result in such confinement without a reasonable means of escape - the plaintiff was either conscious of or harmed by the confinement
What is the first element of false imprisonment? - correct answer Affirmative and volitional act
What is the second element of false imprisonment? - correct answer With intent to confine the plaintiff or a third person within boundaries set by the defendant
What is the third element of false imprisonment? - correct answer That directly or indirectly results in such confinement without a reasonable means of escape
What is the fourth element of false imprisonment? - correct answer The plaintiff was either conscious of or harmed by the confinement
Does confinement have to be physical to constitute as false imprisonment? - correct answer No
When thinking of the third element of false imprisonment, what two questions should one ask oneself? -
correct answer 1. Am I confined?
2. Is there a reasonable means of escape?
What are the elements of IIED? - correct answer - affirmative & volitional act
- either intentional OR reckless
- Purpose of inflicting severe emotional distress
- Substantial certainty that severe emotional distress will occur
- The act must consist of extreme & outrageous conduct
- The plaintiff must have suffered from severe emotional distress
What is the first element of IIED? - correct answer Affirmative and volitional act
What is the second element of IIED? - correct answer Either intentional OR reckless

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller maxiscore. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $12.99. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

81531 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling

Recently viewed by you

Exam (elaborations) ·

(0)

Sophia Milestone 2 College Algebra With Correct Answers
$12.99
  • (0)
  Add to cart