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26 Cards in this Set
- Front
- Back
- 3rd side (hint)
Capable of serving as the basis of a lawsuit
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actionable
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when a person makes a statement with knowledge of falsity or reckless disregard for the truth
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actual malice
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(tort law) use by one person of another person's names, likeness, or other identifying characteristics without and for benefit of the user
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appropriation
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any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat
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assault
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unprivileged, intentional touching of another
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battery
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wrongful interference with business rights of others
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business tort
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money award equivalent to the actual value of injuries or damages sustained by aggrieved party
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compensatory damages
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wrongful taking, using, or retaining possession of someone else's personal property
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conversion
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tort committed via the Internet
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cyber tort
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any published or publicity spoken false statement that cause injury to another's good name, reputation, or character
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defamation
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economically injurious false statement made about another's produce or property. (slander of quality or slander of title)
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disparagement of property
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any misrepresentation (misstatement or omission of material fact) knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his detriment
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fraud
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fraudulent misrepresentation
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wrongful act knowingly committed
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intentional tort
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defamation in writing or other form having quality of permanence
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libel
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(tort law) ability to act contrary to another's right without that person's having legal redress for such acts.
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privilege
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may be raised as a defense to defamation
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exaggerated claims concerning quality of property offered for sale (opinions and not legally binding promises or warranties)
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puffery
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money damages that may be awarded to a plaintiff to punish defendant and deter future similar conduct
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punitive damages
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defamation in oral form
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slander
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publication of false info about another's product alleging that it is not what its seller claims
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slander of quality
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trade libel
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publicaion of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner
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slander of title
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bulk, unsolicited "junk" mail
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spam
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civil wrong not arising from a breach of contract - breach of legal duty that proximately causes harm or injury to another
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tort
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one who commits a tort
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tortfeasor
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publication of false info about another's product, alleging it is not what its seller claims
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trade libel
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slander of quality
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entry unto, above, or below surface of land owned by another without the owner's permission or legal authorization
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trespass to land
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unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his/her personal property
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trespass to personal property
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