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10 Cards in this Set
- Front
- Back
Strict Liability |
Imposes liability on the defendant regardless of whether the defendant acted with reasonable care (dangerous activities, product liability) |
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Assault |
Defendant by word or gesture, intentionally put the plaintiff in fear of imminent physical harm. Has to be immediate harm. |
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Battery |
Intentional physical contact that is offensive or harmful and was not consented to. Exceptions include, (1) athletic battery, (2) plaintiff gave defendant permission. |
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False Imprisonment |
Defendant confines the plaintiff through the use of physical force or verbal threats without permission or privilege. |
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Defamation |
(1) defendant made a false statement about the plaintiff, (2) the statement was published to a third party, (3) the plaintiff's reputation was harmed as a result. |
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Libel |
Defamatory written statement |
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Slander |
Defamatory oral communication |
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Defamation Per Se |
Statements are inherently harmful. Statements include that the plaintiff; (1) is incompetent and/or immoral in the plaintiff's business affairs, (2) has a loathsome disease such as a venereal disease or leprosy, (3) is sexually promiscuous, (4) has committed a criminal act. |
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Defamation by Implication |
Defendant uses the truth in a malicious manner and publishes their statement to a third party causing harm to a defendant's reputation |
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Conditional Privilege |
When the defendant's communication was made in good faith with the proper motive |