BMGT380 Exam #2 Questions And Answers
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tort ANS✔✔ a civil wrong, other than a breach of contract
if you are a plaintiff what is required for you to win a tort case ANS✔✔ need
to prove your case by a preponderance of the evidence
2 kinds of damages ANS✔✔ compensatory and punitive
compensatory damages ANS✔✔ damages to compensate you the victim
from the harm you suffered
different components you can get compensation for ANS✔✔ - if you suffered
physical injury
- if you incur medical expenses
- if you suffer emotional distress
punitive damages ANS✔✔ have 2 main purposes which are unrelated to
compensation
1) to punish the defendant for misconduct
2) to deter the defendant- deter them from other people doing similar bad
conduct in the future
tort law deals with 4 kinds of misconduct ANS✔✔ 1) intentional misconduct
, Solution 2024/2025
Pepper
2) recklessness
3) negligence
4) strict liability
intentional misconduct ANS✔✔ the desire to cause certain consequences OR
substantial certainty that those consequences will result from that
misconduct
recklessness ANS✔✔ a conscious indifference to a known and substantial
risk of harm created by one's behavior
negligence ANS✔✔ failure to use reasonable care
strict liability ANS✔✔ liability regardless of fault
not one of the 10 torts UNLESS ___ ANS✔✔ someone acted intentionally
10 torts split into 2 broad categories: ANS✔✔ 1) interference with person
rights
2) interferences with property rights
interference with personal rights includes: ANS✔✔ battery, assault,
intentional infliction of emotional distress, false imprisonment, defamation,
invasion of privacy, misuse of legal proceedings
interference with property rights includes: ANS✔✔ trespass of land, private
nuisance, conversion
, Solution 2024/2025
Pepper
battery ANS✔✔ unlawful touching of another person without consent
transferred intent ANS✔✔ when a defendant intends to harm one individual,
but unintentionally harms a second person --> the individual harmed can
sue for transferred intent
consent is a defense to _____ ANS✔✔ battery
assault ANS✔✔ the intentional attempt to cause harmful or offensive
contact if the attempt caused a reasonable apprehension of immediate
battery in the other person's mind
- has to be belief that contact will be immediate
intentional infliction of emotional distress ANS✔✔ an intentional act that
amounts to extreme and outrageous conduct resulting in severe emotional
distress to another
to win an intentional infliction of emotional distress case what do you have
to show? ANS✔✔ 1) what the defendant did was outrageous
2) your emotional distress was severe
3) defendant did it intentionally
false imprisonment ANS✔✔ unlawful restraint or restriction of a person's
freedom of movement
-often in the form of barriers/blocking an exit or harm
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