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19 Cards in this Set

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The intentional touching of another person in a way that is unwanted or offensive.
Battery
A rule of tort law that permits a plaintiff to recover even when the defendant can show that the plaintiff's own conduct contributed in some way to her harm.
Comparative negligence
A rule of tort law that permits a negligent defendant to escape liability if she can demonstrate that the plaintiff's own conduct contributed in any way to the plaintiff's harm.
Contributory negligence
The act of injuring someone's reputation by stating something false about her to a third person.
Defamation
A fact that a party to a lawsuit must prove in order to prevail.
Element
The intentional restraint of another person without reasonable cause and without her consent.
False imprisonment
Deception of another person to obtain money or property from her.
Fraud
An act deliberately performed that violates a legally imposed duty and injures someone.
Intentional tort
Violation of a standard of care set by statute. Driving while intoxicated is illegal; thus, if a drunk driver injures a pedestrian, he has committed _________________.
Negligence per se
Money awarded at trial not to compensate the plaintiff for harm but to punish the defendant for conduct that the factfinder considers extreme and outrageous.
Punitive damages
A doctrine of tort law holding that the facts may imply negligence when the defendant had exclusive control of the thing that caused the harm, the accident would not normally have occurred without negligence, and the plaintiff played no role in causing the injury.
Res ipsa loquitur
A rule of tort litigation that requires a plaintiff to claim all damages, present and future, at the time of trial, not afterward.
Single recovery principle
A tort doctrine holding to a very high standard all those who engage in ultrahazardous activity (e.g., using explosives) or who manufacture certain prod.
Strict liability
A civil wrong, committed in violation of a duty that the law imposes.
Tort
A civil wrong, committed in violation of a duty that the law imposes.
Tortious interference with a contract
Conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity.
Tortious interference with a prospective advantage
Conduct that is lawful yet unusual and much more likely to cause injury than normal commercial activity.
Ultrahazardous activity
Defamation done either in writing or by broadcast.
Libel
Defamation done orally.
Slander