Chapter 12
12.1-12.2
1. Â Â Â Â Â Â Â Â What is an wise(p) tort? List three examples in your answer.
An intentional tort is a person deliberately create handicap or loss to a nonher person. Examples are trespassing, causing a nuisance and defaming are intentional torts.
2. Â Â Â Â Â Â Â Â Why do many potential tort actions not result in juristic actions?
A certain amount of interference with individuals right occurs on a daily basis and is considered acceptable in a busy, interactive society.
3. Â Â Â Â Â Â Â Â Why might a young child not be held responsible for an intentional tort?
Children must be aware of the consequences of their actions.
4. Â Â Â Â Â Â Â Â Why is motive not an important agent in an intentional tort?
Providing it was not malicious, it is not an necessary element in a tort action.
5. Â Â Â Â Â Â Â Â Is mistake a falsifying against an intentional tort? Explain.
No, it is not a defense against an intentional tort. You are responsible for your actions and the consequences even if they were made in good faith.
12.2-12.3
1. Â Â Â Â Â Â Â Â What is the disaccordence between assault and onslaught?
Assault- causing the victim to reasonably fear that bodily harm may occur.
Battery- intentional physical contact harmful or revolting to another person: the completion of an assault
2. Â Â Â Â Â Â Â Â When might retaliatory change be awarded for assault and battery?
If an assault is extremely savage or committed without reason, the court may award punitive damages.
3. Â Â Â Â Â Â Â Â When does medical assault and battery occur?
Medical assault and battery occurs when a doctor touches or treats a patient of
without voluntary and certified consent.
4. Â Â Â Â Â Â Â Â How do the torts of medical negligence and medical battery differ?
They differ because medical negligence is a doctors failure to practise reasonable care, and medical battery is when the doctor treats a patient without consent.
5. Â Â Â Â Â Â Â Â What two conditions must exist for an action for false...
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