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41 Cards in this Set
- Front
- Back
Tort |
A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability |
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Business Tort |
Wrongful interference with another's business rights and relationship |
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Cyber Tort |
A tort committed in cyberspace |
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Damages |
A monetary award sought as a remedy for breach of contract or a tortious action |
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Compensatory Damages |
A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party |
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Punitive Damages |
Monetary Damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future |
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Intentional Tort |
A wrongful act knowingly committed |
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Tortfeasor |
One who commits a tort |
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Assault |
Any word or action intended to make another person fearful of immediate physical harm -- a reasonably believable threat |
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Battery |
Unexcused, harmful or offensive, physical contact with another that is intentionally performed |
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Defense |
A reason offered and alleged by a defendant in an action or lawsuit as to why why the plaintiff should not recover or established what she or he seeks |
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Actionable |
Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action |
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Defamation |
Anything published or publicly spoken that cause injury to another's good name, reputation, or character |
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Libel |
defamation in writing or another form having the quality of permanence (such as a digital recording) |
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Slander |
Defamation in oral form |
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Privilege |
In tort law, immunity from liability for an action that would otherwise be a tort |
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Actual Malice |
The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Actual malice is required to establish defamation against public figures |
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Appropriation |
In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user. |
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Fraudulent Misrepresenation |
Any misrepresentation, either by misstatement or by omission of a material fact, knowingly mad with the intention of deceiving another and on which a reasonable person would and does rely to hit or her detriment |
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Puffery |
A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties. |
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Trespass to Land |
Entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization |
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Trepass to Personal Property |
Wrongfully taking or harming the personal property of another or otherwise interfering with lawful owner's possession of personal property |
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Conversion |
Wrongfully taking or retraining possession of an individual's personal property and placing it in the service of another |
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Disparagement of Property |
An economically injurious falsehood about anthers product or property |
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Slander of Quality (Trade Libel) |
The publication of false information about another's product, alleging that it is not what its seller claims |
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Slander of Title |
The publication of a statement that denies or casts doubt on another's legal ownership, causing financial loss to that property's owner |
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Negligence |
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances |
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Duty of Care |
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence |
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Reasonable Person Standard |
The standard of behavior expected of a hypothetical "reasonable person" It is the standard against which negligence is measured and that must be observed to avoid liability for negilgence |
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Business Invitee |
A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes |
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Malpractice |
Professional misconduct or the lack of the requisite degree of skill as a professional (negligence) |
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Causation in Fact |
An act or omission without which an event would not have occurred |
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Proximate Cause |
Legal cause, it exists when the connection between an act and an injury is strong enough to justify imposing liability |
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Assumption of Risk |
A defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed |
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Contributory Negligence |
A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own. |
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Comparative Negligence |
A rule in tort law, used in majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely |
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Res Ipsa Loquitur |
A doctrine under which negligence may be inferred simply because an even occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves" |
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Negligence Per Se |
An action or failure to act in violation of a statutory requirement |
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Good Samaritan Statute |
A state statute stipulating that persons who provide emergency to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby amusing further harm |
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Dram Shop Act |
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated person when the sellers or servers of alcoholic drinks contributed to the intoxication |
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Strict Liability |
Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufactures or seller that introduce into commerce defective and unreasonably dangerous goods |