Ch 2-4 French
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Feb 20, 2024
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Chapter 2-4 Worksheet
1. What is the difference between an intentional and an unintentional tort? “If the tort is intentional, it means that the individual intended to act or not act in preventing harm to another person. Conversely, if the tort is deemed to be unintentional, the person did not intend to cause harm.”
Miller, John J.; Schoepfer, Kristi. Legal Aspects of Sports (p. 18). Jones & Bartlett Learning. Kindle Edition.
2. List and describe the 2 main types of sexual harassment. The two types of sexual harassment according to the EEOC are Quid Pro Quo, and hostile environment. Quid pro quo is an exchange of sexual favors in return for some benefit related to work. Hostile environment is when unwelcome sexual conduct unreasonably interferes with an individual’s job performance or creates an intimidating or offensive work environment.
3. Assault
does not refer to the actual violence itself but rather the attempt or threat of violence. 4. List and describe the 3 main elements of assault.
intent to cause apprehension - the act must be intended to be harmful or offensive contact.
an apprehension of imminent harm - the would-be victim must be aware of the threat at the time it is made.
The lack of consent of the act by the victim - results from circumstances under which the victim clearly expressed that he or she did not consent to the action.
5. Battery
is unlawful physical conduct – often an act of violence, including sexual contact. 6. List and describe the 3 elements of civil battery.
Intent—although not criminal intent to cause injury, defendant intentionally did an act which resulted in a harmful or offensive contact with the plaintiff's person (Piedra v. Dugan, 2004).
Contact—contact was made but the plaintiff did not consent to the contact (Piedra v. Dugan, 2004).
Harm/Damages—the harmful or offensive contact caused injury, damage, loss, or harm to the plaintiff (Piedra v. Dugan, 2004).
7. What is the difference between criminal and civil battery? Criminal battery requires the presence of mens rea, or a criminal intent to do wrong, as in to cause a harmful or offensive contact. Battery as a civil tort is a nonconsensual and intentional contact that is harmful or offensive.
Chapter 2-4 Worksheet
8. What is the assumption of risk doctrine?
Assumption of risk is when a person voluntarily accepts the danger of a known and appreciated risk, that person may not sue another for failing to protect him from it. This doctrine operates as a bar to a plaintiff’s action only when the defendant did not breach a legal duty of care.
9. A defendant asserting an assumption of the risk defense must establish that the plaintiff possessed what 3 elements?
Actual knowledge of the danger.
Understood and appreciated the risks associated with such danger.
Voluntarily exposed himself to those risks (Vaughn v. Pleasant, 1996).
10. Compare and contrast primary and secondary assumption of risk.
Primary assumption of risk is a way of saying no duty of care is owed as to risks inherent in each
sport or activity. Activities that fall within this category are those done for enjoyment or thrill, require physical exertion and skill, and contain a potential risk of injury.
Secondary assumption of risk occurs when the defendant owes the plaintiff a duty, but the plaintiff knowingly encounters a risk created by the breach of that duty. In the secondary assumption of risk, the defendant does owe the plaintiff a duty, but the plaintiff knowingly encounters this risk despite the defendant's breach of this duty.
11. Define sovereign immunity. Sovereign immunity is a defense tort liability, based on the ancient maxim “the king can do no wrong.” Unless agreed to by a waiver, doctrine of sovereign immunity can shield the state, its agencies, and its officials from lawsuits for damages, absent legislative consent to sue.
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