Ch 6 Bus Law

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actionable

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capable of serving as the basis of a lawsuit

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actual malice

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a condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defemation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.

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appropriation

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In tort law, the use by one person of another person's name, likeness, or other identifying characetristic without permission and for the benefit of the user

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assault

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any word or action intended to make another person fearful or immediate physical harm; a reasonably believable threat

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battery

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unprivileged inentional touching of another

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business tort

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wrongful interference with the business rights of another

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compensatory damages

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a cash award equivalent to the actual value of injuries or damages sustained by the aggrieved party

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conversion

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wrongful taking, using, or retaining possession of personal property that belogns to another

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cyber tort

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tort internet

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defamation

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any published or publicly spoken false statement that causes injury to another's good name, reputation or character

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disparagement of property

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economically injurious false statement made about another's prduct or property. A general term for torts that are more specifically referred to as slander of quality or slander of title

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fraudlent misrepresentation

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any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his detriment

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intentional tort

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wrongful act knowingly committed

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libel

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defamation in writing or other form such as video, having the quality of permanence

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privilege

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ability to act contrary to another person's right without that person having legal redress for such acts. privilege may be raised as a defense to defamation

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public figure

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indivudal who is thrust in public limelight. governnment, politcians, actors, business ppl.

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puffery

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salesperson's exaggerated claims concering the quality of goods offered for sale. Such claims involve the opinions rather than facts and are not considered to be legally binding

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punitive damages

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Money damages that may be awarded to a plaintiff

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slander

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defeamation on oral form

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slander of quality

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publication of false information about another's product, alleging that it is not what its seller claims

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slander of title

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publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. also called trade libel

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spam

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bulk unsolicited junk email

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tort

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civil wrong not arising from a breach of contract. A breach of legal duty that proximately causes harm or injury to another

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tortfeasor

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one who commits a tort

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trade libel

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publication of false information about another's product, alleging it is not what its seller claims also referred to as slander as quality

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tresspass to land

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entry onto, above, or below surface of land owned by another without the owner's permission or legal authorization

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trespass to personal property

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unlawful taking or harming of another's personal property interference with another's right to exclusive posession of his or her personal property