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135 Cards in this Set

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A wrongful action done by one person which causes damage or injury to another
TORT
A condition that occurs when one person's actions put another in fear of bodily harm
ASSAULT
Unauthorized touching of another's body
BATTERY
The communication of damaging, false information about a person to at least one other person.
Defamation
Written defamation
Libel
Oral or verbal defamation
Slander
protection from liability for slander or libel given under certain circumstances regardless of the fact that the statements are false or maliciously made.
Absolute privilege
Protection from liability for defamatory statements only if the defendent uttered them without actual malice or had a good reason for doing so.
Qualified Privilege
Intentional, unlawful, and unconsented restraint by one person of the physical liberty of another
False Imprisonment
Most common type of tort; involves a person causing injury to another, by doing some action with less than the amount of care expected of a "reasonable person"
Negligence
One of the key elements of a negligence case is that the defendant's lack of care must be the direct cause of the injury to the plaintiff, and that the injury was a "forseeable" result of such negligence
Proximate cause
A defense to negligence that asserts that th eplaintiff was also negligent. If applied, this defense results in dismissal of the case
Contributory Negligence
A defense to negligence that calls for the jury to assess the negligence of the plaintiff and the defendant, and adjust the damages to reflect the percentage of negligence of the plaintiff
Comparative Negligence
A defense to negligence that asserts that the plaintiff knowingly acceted the risks of the activity causing the injury
Assumption of the risk
A catagory of negligence in which the defendant has violated a statute intended to protect the public from such conduct
Negligence per se
A situation in which the injury-causing incident could not have happened without negligence, and the defendant was in control if the event or premises where the accident occurred.
res ipsa loquitur
Defamation of a business or product
disparagement
one person intentionally interferes with a contract between two other people or businesses.
interference with contracts
the wrongful taking of a nonpublicbusiness secret or asset from one firm and its use by another firm
misappropriation
liability without proof of negligence or fault
strict liability
one which is inherently dangerous
ultrahazardous activity
Damages, in excess of those required to compensate the plaintiff for the wrong done, that are imposed in order to punish the defendant b/c of the particularly wanton or willful character of the wrongdoing
punitive damages
a federal law allowing a prosecutor to charge a business firm with racketeering if the firm has engaged in two or more prohibited acts within a 10-yr period. The law contains very serious penalties and can also be used in civil suits.
Racketeer Influenced and Corrupt Organization Act (RICO)
A court hearing at which the defendant is asked to respond to the criminal charge by stating 'guilty' or 'not guilty'
Arraignment
A court hearing in a criminal case, at which the prosecutor must produce sufficient evidence to show that a crime has been committed and that there is good cause to believe that the defendant committed it.
preliminary hearing
the settlement of a criminal case, whereby the prosecutor dismisses one charge if the defendant pleads guilty to another charge
plea-bargain
one of several volumes produced by American Law Institute and authored by legal scholars that sets forth statements on the law of contracts. It is widely referred to but not binding
Restatement of Contracts
Money or performance awarded by a court
remedy
the promise or performance that the promisor demands as the price of the promise in a contract
consideration
A contract expressed by conduct or implied or deduced from the facts
implied in law contract
Abenefit received by chance, mistake, or at someone else's expense
unjust enrichment
An obligation that is not created by a contract but is imposed by law to prevent unjust enrichment of one party from the acts of another party
quasi contract
A situation in which one party's reliance on a promise prevents the promisor from denying the existence of a contract
promissory estoppel
A contract in which each party makes a promise to the other
bilateral contract
A contract in which one party makes a promise offering some benefit if another party performs a specified act(rather than making a return promise).
unilateral contract
a contract in which one party has the option to disaffirm the bargain or back out
voidable contract
A contract for which the law gives no court remedy
unenforceable contract
a preliminary contract in whihc value is given to the offeror in exchange for keeping the offer open for a specified time
option contract
an offer that cannot be revoked, withdrawn, or amended for the time stated
firm offer
person who deals with goods of the kind sold in his or her business
merchant
a rule that states that in order for an acceptance to exist, the response must be a mirror image of the offer and connot add new terms
mirror image rule
making an offer or acceptance valid when it is deposited in the mail
mailbox rule
withdrawing an offer before it is accepted or mutual agreement to cancel contract
revocation
a debt not in dispute
liquidated debt
a debt that is disputed
unliquidated debt
the threat of physicial intimidation or coercion aimed at forcing individuals to enter into contarcts against their will
duress
a situation in which a dominant person, or a person in a position of trust and confidence, takes advantage of another person
undue influence
An individual under the legal age to contract
minor
a decision not to be bound to a contract
disaffirm
to adopt the act even if it was not approved beforehand; to agree to be bound to a contract
ratify
an activity in which a woman agrees to give birth to a baby of a mother unable to carry the child
surrogacy
a contract so unfair that no reasonable person would enter into it
unconscionable contract
standardized contarct forms offered to consumers of goods and services on a 'take-it-or-leave-it' basis
adhesion contracts
A state law modeled on the English Statute of Frauds dealing with the enforcement and requirements of agreements in particular circumstances
Statute of Frauds
Oral testimony in court about the terms of a written contarct
parol evidence
the contract contains all of each party's understanding
integrated
A clause in a contract stating that the contract is a complete statement of the agreement and supersedes any prior terms, representations, or agreeements whether made orally or in writing
merger clause
A person or entity that is not a party to but has rights under a contract made by 2 other parties
third-party beneficiary
a third party beneficiary to a contract whom the parties to the contract did not intend to benefit
incidental beneficiary
a direct bebeficiary whom the party paying for the other party's performance intends to benefit as a gift or donation
donee beneficiary
a direct beneficiary whom the party paying for the other party's performance intends to benefit as payment for a debt or obligation
creditor beneficiary
a present transfer of property or rights
assignment
to release from an obligation
discharge
a condition that must be fulfilled before performance under a contract can become due, an estate or right already in effect or vested or dischargesnan already existing duty under contract
condition subsequent
the repudiation by a promisor of the contract prior to the time that the performance is required when such repudiation is accepted by the promisee as a breach of the contract
anticipatory breach
as much as he deserved
quantum meruit
damages recoverable in breach of contract cases for losses that include expenses incurred in handling and caring for goods which were the subject of the contract, reasonable expenses incurred in obtaining cover, and any other reasonable expenses resulting from the breach that do not fall into any other catagory
incidental damages
actual damages
compensatory damages
damages awarded in an amount deemed to conmpensate for losses that arise not as a natural result of an injury but because of some particular circumstance of the injured party
consequential or special damages
damages whose amount is agreed upon by the parties to a contract as adequately compensating for loss in the event of a breach
liquidated damages
a court order which requires a seller to perform a contract as agreed
specific performance
to take back and make void
rescind
a promise that the goods are of the quality indicated
warranty
A warranty that is expressed in written or verbal form, or by use of a sample or model
express warranty
Mild bragging about an item not specific enough to create a warranty
puffing
the implied warranty given to a purchaser by a merchant- that teh item is fit for its ordinary use
merchantibility
the implied warranty given when the buyer needs the item for some particular(not regular) purpose and relies on the seller to furnish such an item
fitness for a particular purpose
A statement in a warranty that limits or eliminates implied warranties
disclaimer
A federal law that requires certain disclosures and provides certain rights to consumers, where written warranties are provided
Magnuson-Moss Warranty Act
when 2 parties ahve contract with eachother. this concept is no longer very important in warranty cases
privity
the most common type of tort- that involves an injury caused by another's lack of due care.
negligence
A legal theory that allows a person injured by a defective product to win a lawsuit against the manufacturer without proving 'fault' or lack of due care
strict product liability
1. Product was defective 2. Product was unreasonably dangerous 3. Seller was 'in business' of selling these products 4. Product reached the consumer without alteration in the distribution chain
elements of strict liability
the duty of vehicle maunfacturers to build cars, trucks. and motorcycles that do not enhance or worsen injuries of persons when involved in accidents
crashworthiness
a common law defense against a personal injury claim that states that when an employee knows an activity is dangerous but continues, he or she cannot collect damges
assumption fo the risk
when someone uses a product in a way that the manufacturer could not have reasonably forseen
misuse
An outer limit on how many years after a product was manufactured that the maker could be held liable for a defect
statute of repose
a defense to liability recognized in some states, if the product was made using the best methods then available
state of the art defense
when 2 or more defendants are found liable, the plaintiff can collect the entire award from any one defendant
joint and several liability
the theory that when a federal law and a state law govern the same subject and are conflicting, the federal law may displace or cancel the state law
preemption doctrine
A model law dealing with the sale of goods, adopted by 49 states, that specifies contract rights and remedies of buyers and sellers (and other issues).
uniform commercial code (ucc)
the buyer inspects the goods and says "these are not the correct items"
rejection
the buyer's right to purchase substitute goods of the seller fails to deliver the correct goods
cover
if the buyer wrongfully refuses to accept the goods, the seller can sell the goods and then sue the buyer for any loss
resell
the seller who delivers nonconforming goods to thebuyer can correct the deficiency if the contract time limit has not expired
cure
An ownership interest lasting at least for one's life
freehold estate
the most complete ownership of real property
fee simple absolute
A fee simple ownership that may be lost if the property is used in certain ways
fee simple determinable
A type of ownership that lasts only for the life of the owner and cannot be extended
life estate
A legal right in real property, which will or may become full ownership in the future
future interest
A legal right to possession, but not ownership, of real property, such as a lease
nonfreehold estate
a tenancy lasting for a certain time
periodic tenancy
Ownership of property by two or more persons. Each can sell his share or leave to heirs. Shares do not have to be equal
tenancy in common
Ownership of property by 2 or more persons. when one dies, his share is automatically distributed to the co-owners who survive. Joint tenants cannot leave their share to their heirs. Shares must be equal
Joint tenancy
A type of joint tenancy for married couples
tenancy by the entireties
A type of property ownership for married couples recognized in 9 states, all property bought or acquired during marriage is owned equally by both spouses
community property
a written document used to transfer owndership in real property
deed
A deed that "warrants" that the buyer is receiving good, clear title to the property
warranty deed
A deed that merely conveys what ownership the grantor has without any warranties
quitclaim deed
one person obtains title to real property by actually possessing a portion of the property, for a number of years without the permission of the owner
adverse possession
An agreement to give a lender a legal right in real property owner by another person
mortgage
the legal interest in property owned by another that allows a creditor to repossess and resell collatoral and to apply the proceeds to pay off the owner's loan
security interest
the process by which the holder of the mortgage exercises the legal right to force the sale of property
foreclosure
a period of time during which a foreclosed owner can re-acquire the property
redemption period
Filing a deed or mortgage in a public records office to give notice to others of the legal interests in the real property
recording
a common law theory that allows one owner the right to sue a neighbor if that person's use of his land interferes with the first owner's use and enjoyment of his property
nuisance
a plan developed by a city or county that regulates the uses of land in different "zones" of the city of county
zoning
Permission form a zoning board to use land in a way not allowed by the zoning classification
variance
the power of a state, local, or federal government agency to acquire ownership of property froma private owner for some "public use" after paying fair compensation
eminent domain
when some governmant action deprives an owner of significant property rights without compensation
taking
A restriction on the use of real property, contained in a deed. Such covenants are common in subdivision developments
restrictive covenant
A legal right to use a portion of real property owned by someone else for a specific purpose
easement
property, other than real estate, that has a physical existence
tangible personal property
the legal rights covering such topics as patents, copyrights, trademarks, and trade secrets
intellectual property
A legal right of the creator or inventor of a product, process, or invention. the patent holder has the exclusive right to use, develop, and license the subject of the patent for 20 yrs
patent
Unauthorized use of copyrighted or patented material
infringement
the legal right of an author, composer, or artist to prevent others from copying or reproducing his/her work
copyright
a legal principle, an exemption to a copyright owner's exclusive rights, that allows another to make some limited("fair") use of the copyrighted work without permission
"fair use" doctrine
a word, phrase, or symbol that identifies and distinguishes a product
trademark
the maufacture and sale, without permission, of goods copyrighted or trademarked by another firm
piracy
a document that states how a person wishes his or her property distributed after death
will
an amendment to an existing will
codicil
the person named in the will to carry out the decendent's requests and pay bills and expenses
executor
when a person dies without leaving a will, the property is ditributed according to state law
intestate
a legal mechanism by which one person transfers ownership of property to a trustee, who holds, uses, or invests the property for the benefit of another person
trust