Business Law- Chapter 6

Front 1

Tort

Back 1

A wrong. There are three categories of torts, 1 intentional torts 2, unintentional torts , negligence, and 3 strict liability

Front 2

Intentional tort

Back 2

A category of towards that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries

Front 3

Assault

Back 3

1 the threat of immediate harm or offensive contact or 2 any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary

Front 4

Battery

Back 4

Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury

Front 5

False imprisonment

Back 5

The intentional confinement or Restraint of another person without Authority or justification it without that person's consent

Front 6

Merchant protection statutes, shopkeepers privilege

Back 6

Shopkeepers rights to stop, hold, and investigate suspected shoplifters without being held liable for false imprisonment if one, there are reasonable grounds for the suspicion, too, suspects are detained for only a reasonable time, and 3, investigations are conducted in a reasonable matter

Front 7

Misappropriation of the right to publicity, tort of appreciation

Back 7

An attempt by another person to appropriate a living person's name or identity for commercial purposes

Front 8

Invasion of the right to privacy

Back 8

Unwarranted and undesired publicity of a private facts about a person. The fact does not have to be untrue

Front 9

Defamation of character

Back 9

False statements made by one person about another. In court the plaintiff must prove that, one, the defendant made an untrue statement of fact about the plaintiff and, 2, that statement was intentionally or accidentally published to a third party.

Front 10

Libel

Back 10

A false statement that appears in a letter, newspaper, magazines, book, photographs, movie, video, and so on.

Front 11

Slander

Back 11

Oral defamation of character

Front 12

Disparagement

Back 12

False statements about a competitors products, Services, property, or business reputation.

Front 13

Intentional misrepresentation, fraud or deceit

Back 13

The intentional defrauding of a person out of money, property, or something else of value.

Front 14

Intentional infliction of emotional distress , tort of outrage

Back 14

The tort that says the person whose Extreme and outrageous conduct intentionally or recklessly causes severe emotional distress the other person is liable for the emotional distress

Front 15

Malicious prosecution

Back 15

A lawsuit in which the original defendant Sues the original plaintiff. In the second lawsuit, the defendant becomes a plaintiff, and vice versa.

Front 16

Unintentional tort, negligence

Back 16

A doctrine that says a person is liable for harm that is foreseeable consequences of his or her actions

Front 17

Duty of care

Back 17

The obligation people owe each other Not to cause any unreasonable harm or risk of harm

Front 18

Reasonable person standard

Back 18

A test used to determine whether a defendant owes a duty of care of this test measures the defendant's conduct against how an objective, careful, and conscientious person would have acted in the same circumstances.

Front 19

Breach of the duty of care

Back 19

A failure to exercise care or to act as a reasonable person would act

Front 20

Injury

Back 20

A plaintiff's personal injury or damage to his or her property that enables him or her to recover monetary damages for the defendant's negligence

Front 21

Actual cause, causation in fact

Back 21

The actual cause of negligence. A person who commits a negligent Act is not liable unless actual cause can be proven

Front 22

Proximate cause, legal cause

Back 22

A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions

Front 23

professional malpractice

Back 23

The liability of a professional who breaches his or her duty of ordinary care

Front 24

Negligent Infliction of emotional distress

Back 24

A tort permits a person to recover for emotional distress caused by the defendant's negligent conduct

Front 25

Negligence per se

Back 25

A tort in which the violation of a statute or an ordinance constitutes a breach of Duty of care

Front 26

Res ipsa loquitur

Back 26

The tort in which the presumption of negligence arises because 1, the defendant was an exclusive control the situation and 2, the plaintiff would not have suffered injury but for someone's negligence. The burden switches to the defendant to prove that he or she was not negligent

Front 27

Gross negligence

Back 27

The doctrine that says a person is liable for harm that is caused by his or her willful misconduct or Reckless Behavior . Punitive damages may be assessed

Front 28

Attractive nuisance Doctrine

Back 28

A tort rule that imposes liability on a landowner to children who have been attracted onto the landowner's property by an attractive nuisance and who are killed or injured on the property

Front 29

Good Samaritan law

Back 29

A statute that relieves medical professionals from liability for ordinary negligence when they stop and render Aid to victims in emergency situations

Front 30

Assumption of the risk

Back 30

A defense that a defendant and use against the plaintiff who knowingly and voluntarily entered into or participates in a risky activity that results in injury

Front 31

Contributory negligence

Back 31

A doctrine that says that a plaintiff who is particularly at fault for his or her own injury cannot recover against the negligent defendant

Front 32

Comparative negligence, comparative fault

Back 32

The doctrine under which damages are apportioned according to fault

Front 33

Strict liability

Back 33

Retort doctrine that makes manufacturers, Distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, regardless of fault

Front 34

Chain of distribution

Back 34

All manufacturers, Distributors, wholesalers, retailers, lessors and sub component manufacturers involved in a transaction

Front 35

Punitive damages

Back 35

Monetary damages that are awarded to punish defendant who either intentionally or recklessly injured the plaintiff

Front 36

Defect in manufacture

Back 36

A defect that occurs when a manufacturer fails to 1 Assemble a Product properly, 2 test the product properly, or 3 check the quality of the product adequately

Front 37

Defect in design

Back 37

The defect that occurs when a product is designed improperly

Front 38

Failure to warn

Back 38

85 that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown

Front 39

Defect in Packaging

Back 39

A defect that occurs when a product has been placed in packaging that is insufficiently tamper-proof

Front 40

Generally known dangers

Back 40

A defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so

Front 41

Abnormal misuse of a product

Back 41

A defense that relieve the seller of product liability if the user misused the product abnormally

Front 42

Supervening event

Back 42

An alteration or a modification of a product by a party in the chain of distribution that absolves all prior Sellers from strict liability

Front 43

Statute of repose

Back 43

The statute that limits the seller's liability to a certain number of years from the date when the product was first sold