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27 Cards in this Set
- Front
- Back
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Compensatory damages |
Monetary compensation to reimburse plaintiff for actual loss |
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Punitive damages |
Damages awarded by the court to punish wrongdoer |
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Transferred intent |
When one person intends to harm one person and unintentionally harms another |
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Assault |
Any intentional and unexpected threat of immediate harmful or offensive contact |
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Battery |
An unexpected and harmful contact |
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Defamation |
Wrongfully hurting a persons good reputation |
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Libel |
A written defamatory statement about another |
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Slander |
Making defamatory verbal statement about another |
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Public figures |
Politicians, entertainers, professional athletes, and other in the public eye |
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Actual malice |
A statement made with either knowledge of it falsity or a reckless disregard of the truth |
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Fraudulent misrepresentation |
Intentional deceit for personal gain |
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Puffery |
Sellers talk |
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Trespass to land |
When a person enters another persons land |
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Licensee |
A person who is invited into the property of another for the licensee's benefit |
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Slander of quality |
The publication of false information about another product, alleging that it is not what it's seller claims |
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Slander of title |
When a publication falsely denies or casts doubt in another's legal ownership of property resulting in financial loss to the property owner |
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Reasonable person standard |
How a reasonable person would have acted in a similar situation |
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Malpractice |
When a professional violates his or her duty of care towards a client |
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Causation of fact |
Shows the relationship between the act and the injury |
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Proximate cause |
Shows the connection between act and injury is strong enough to justify imposing liability |
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Negligence per se |
When an individual violates a statutes or an ordinance providing for a criminal penalty |
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Good Samaritan statutes |
One who is aided voluntarily by another cannot turn around and sue them |
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Drum shop acts |
When a bar owner may become liable for injuries caused by a person who becomes drunk at the bar |
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Assumption of risk |
Plaintiff who voluntarily enter into a risky situation |
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Superseding cause |
An unforeseen event that breaks the causal connection between a wrongful act and an injury to another |
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Contributory negligence |
A plaintiff who was also negligent |
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Comparative negligence |
Where both plaintiff and defendants negligence are computed |
