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14 Cards in this Set

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  • Back
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
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.
reasonable person standard
The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence
compensatory damages
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party
punitive damages
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
assumption of risk
A doctrine under which a plaintiff may not recover for injuries or damages suffered from risks he or she knows of and has voluntarily assumed
contributory negligence
A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault; used in a minority of states
comparative negligence
A rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states
Good Samaritan statutes
A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm
strict liability
Liability regardless of fault. In tort law, strict liability is imposed on a manufacturer or seller that introduces into commerce a good that is unreasonably dangerous when in a defective condition
Intellectual property
Any property resulting from intellectual, creative processes -- the products of an individuals mind
service mark
Used to distinguish the services of one person or company from those of another.
trade name
A term that is used to indicate part or all of a business's name and that is directly related to the business's reputation and goodwill. Trade names are protected under the common law
trade dress
The image and overall appearance of a product