Law 3800
Dr. Edmonds
Tort Law Study Guide, Part I, Chapter 6
Chapter 6, Intentional Torts and Business Torts
I. Distinguish a tort from a breach of contract and a crime.
II. In an intentional tort is the act deliberate or the harm deliberate?
III. List and explain the four elements necessary for defamation.
IV. Distinguish libel from slander.
V. List the four false statements that constitute slander per se.
VI. How do courts treat radio and television false statements? Is proof of injury required? How are online postings treated?
VII. How does opinion differ from libel?
VIII. What is the rule for public figures? What is “actual malice”?
IX. What kind of intentional conduct is required for the tort of intentional infliction of emotional distress?
X. What is an assault? A battery?
XI. What is “reasonable fear” in the context of the tort of assault?
XII. For the tort of assault to occur, must the victim apprehend the threat or attempt? How does this differ from the crime of assault? Why?
XIII. Explain the two categories of trespass discussed in class and give an example of each.
XIV. What is conversion? Fraud?
XV. Define compensatory damages. What are the three elements of a normal compensatory damage award?
Tort Law Study Guide Part I, page 2
XVI. What are punitive or exemplary damages? What does State Farm v. Campbell (page 141) tell us about the “ratio” of punitive damages to compensatory damages?
XVII. From our class discussion, explain tort reform and the constitutional limitations on what can be “reformed”.
XVIII. Explain tortious interference with a contract and give an example.