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14 Cards in this Set
- Front
- Back
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negligence
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The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
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duty of care
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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.
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reasonable person standard
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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
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compensatory damages
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A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party
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punitive damages
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Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
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assumption of risk
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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
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contributory negligence
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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
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comparative negligence
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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
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Good Samaritan statutes
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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
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strict liability
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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
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Intellectual property
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Any property resulting from intellectual, creative processes -- the products of an individuals mind
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service mark
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Used to distinguish the services of one person or company from those of another.
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trade name
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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
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trade dress
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The image and overall appearance of a product
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