Business Law

Front 1

res ipsa loquitur (the thing speaks for itself

Back 1

The doctrine that allows a plaintiff to prove breach and causation indirectly

Front 2

respondeat superior (let the master answer

Back 2

The doctrine under which an employer may be held vicariously or secondarily liable for the negligent or intentional conduct of the employee that is committed in the scope of the employee’s employment.

Front 3

absolute privilege

Back 3

In defamation cases, the right of the defendant to publish with impunity a statement known by the defendant to be false

Front 4

actual cause

Back 4

Proof that but for the defendant’s negligent conduct the plaintiff would not have been harmed

Front 5

actual damages

Back 5

The amount required to repair or to replace an item or the decrease in market value caused by tortious conduct. Actual damages restore the injured party to the position it was in prior to the injury. Also called compensatory damages.

Front 6

actual intent

Back 6

The subjective desire to cause the consequences of an act, or the belief that the consequences are substantially certain to result from it.

Front 7

actual malice

Back 7

A statement made with the knowledge that it is false or with a reckless disregard for the truth.

Front 8

aided-in-the-agency doctrine

Back 8

See Aided-in-the-Agency-Relation Doctrine

Front 9

appropriation of a person’s name or likeness

Back 9

Unauthorized use of a person’s name or likeness for financial gain.

Front 10

assault

Back 10

assumption of risk

Front 11

attractive nuisance

Back 11

Artificial conditions on land for which an owner is liable for physical injury to child trespassers if (1) the owner knew or should have known that children were likely to trespass; (2) the condition is one the owner would reasonably know involved an unreasonable risk of injury to such children; (3) the children, because of their youth, did not discover the condition or realize the risk involved; (4) the utility to the owner of maintaining the condition is not great; (5) the burden of eliminating the risk is slight compared with the magnitude of the risk to the children; and (6) the owner fails to exercise reasonable care to protect the children

Front 12

bad faith

Back 12

A breach of the duty to act in good faith

Front 13

battery

Back 13

The intentional, non-consensual harmful or offensive contact with an individual’s body or with those things in contact with or closely connected with it

Front 14

comparative negligence

Back 14

The doctrine by which courts decide amount of award to be given a plaintiff based on the amount (percentage) of negligence plaintiff demonstrated when injured by defendant.

Front 15

compensatory damages

Back 15

In an action for breach of contract, the amount necessary to make up for the economic loss caused by the breach

Front 16

contribution

Back 16

The doctrine that provides for the distribution of loss among several defendants by requiring each to pay its proportionate share to one who has discharged the joint liability of the group

Front 17

contributory negligence

Back 17

Plaintiff was negligent in some manner when injured by defendant

Front 18

conversion

Back 18

The exercise of dominion and control over the personal property, rather than the real property (land), of another. Term includes any unauthorized act that deprives an owner of his or her personal property permanently or for an indefinite time

Front 19

cookies

Back 19

Bits of code sent by websites that identify the user to the site at a future visit

Front 20

deceit

Back 20

Requires the proof of several elements, including knowledge by the seller that the misrepresentation is false