81 A Chapter 2

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2.4 Legal wrong

Back 1

An unjustified invasion of a legal right, for which the law provides a legal remedy

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2.4 Criminal wrong

Back 2

A wrong against society, for which remedies include fines and imprisonment.

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2.4 Civil wrong

Back 3

A wrong against a person or persons, for which remedies include damages awarded to the victim and court-ordered injunctions to prevent further injury.

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2.4 Common law

Back 4

Upholds the concept that current court decisions should be based on previous decisions when circumstances of each are similar.

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2.5 Statutory law

Back 5

Law passed by a legislative body, becoming the precedent for future common-law decisions.

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2.5 Tort

Back 6

Civil wrong other than a breach of contract, for which the law provides a legal remedy.

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2.7 Compensatory damages

Back 7

Monetary awards reasonable related to the extent of injury.

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2.7 Normal damages

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Awards that are symbolic or nominal in amount.

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2.7 Punitive damages

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Awards that are far in excess of the actual monetary harm involved when the court views tortious behavior as being particularly repugnant; sometimes awarded in additional to compensatory damages.

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2.7 Injunction

Back 10

Court order requiring an activity to be stopped or forbidding that a contemplated activity be undertaken.

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2.7 Restitution

Back 11

The return of specific property by court order.

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2.7 Battery

Back 12

Intentionally touching another person without that person’s permission or taking some other privilege in a manner offensive to the person touched.

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2.7 Assault

Back 13

The threat of battery; putting someone in fear of physical harm.

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2.7 False imprisonment

Back 14

Wrongful interference with someone’s freedom of movement.

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2.8 Trespass

Back 15

Unlawful, intentional entry onto land by a person or an object.

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2.9 Defamation

Back 16

An unprivileged false communication to third parties, by work or deed, which tends to expose an entity to hatred, contempt, or ridicule or to cause it to be shunned.

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2.9 Invasion of privacy

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A tort that involves interference with a person’s right to be left alone.

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2.10 Strict liability/absolute liability

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The liability of a person responsible for certain hazardous activities involving the possibility of harm to another person regardless of negligence or intent to harm.

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2.11 Negligence

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A careless invasion of another’s rights.

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2.13 Proximate cause

Back 20

An unbroken chain of events leading up to an occurrence.

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2.14 Trespassers

Back 21

People on another’s property for their own purposes without the owner’s permission.

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2.14 Attractive nuisance

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Something that the landowner knows will attract children to his or her property.

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2.15 Licensees

Back 23

People on another’s property for their own benefit and who can be assumed to have implied permission to be on the property.

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2.15 Invitee

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Someone on a property for his or her own benefit and for the benefit of the property owner.

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2.16 Contributory negligence

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When each party is to some degree negligent, then each is responsible for its own injury.

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2.17 Comparative negligence

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Responsibility for damages is allocated based on the degree of fault of each party.

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2.17 Vicarious liability

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When the negligence of one party is imputer to another.

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2.18 Agency

Back 28

When one party represents or acts for another as directed.

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2.18 Principal

Back 29

The party that delegates responsibilities to another.

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2.18 Agent

Back 30

The party that acts under the direct orders of the principal.

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2.18 Dual agency

Back 31

When an agent acts for both parties in a transaction in which each has all the facts, and the agent’s representation does not conflict with the interests of either party.

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2.19 Agency by appointment

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One party appoints another party to act on its behalf, usually with a written agreement outlining the scope of representation.

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2.19 Agency by estoppel

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Creates agency to protect third parties from harm when a principal creates the appearance of an agency relationship.

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2.19 Express authority

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Whatever is agreed to by the agent and principal.

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2.20 Implied authority

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Authority that arises from actions that are in accord with accepted custom and are considered to be within the scope of authority granted by the principal.

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2.20 Apparent authority

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Authority arising when one party gives the appearance of authority to another party who then relies on the appearance of authority.

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2.23 General agent

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An agent with broad powers to represent the insurance company in a given area and for specific line or lines of insurance.

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2.23 Solicitors

Back 38

Those with authority only to solicit applications for insurance from the insurance-buying public.