Chapter 6 Tort Law

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intentional tort

Back 1

a civil wrong resulting from an intentional act committed on the person, property or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment

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negligent tort

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a civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm. negligence claims are usually used to achieve compensation for accidents and injuries.

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strict-liability tort

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a civil wrong that occurs when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. In such situations, a defendant is liable for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.

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assault

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a civil wrong that occurs when one person intentionally and voluntarily places another in fear or apprehension of an immediate, offensive physical harm. Assault does not require actual contact.

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battery

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a civil wrong that occurs when one person intentionally and voluntarily brings about a noncon-sented harmful or offensive contact with a person or something closely associated with him or her

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defamation

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a false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation

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absolute privilege

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a special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone with out being held liable for defamation for any false statement made regardless of intent or knowledge of the falsity of the claim

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conditional privilege

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a special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone with being held liable for defamation for any false statement made without actual malice

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actual malice

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in defamation, either a person's knowledge that his or her statement or published material is false or the person's reckless disregard for whether it is false

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public figure privilege

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a special right, immunity, or permission given to people that allows them to make any statements about public figures, typically politicians and entertainers, without being held liable for defamation for any false statement made without malice

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trespass to realty

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a tort that occurs when someone goes on another's property without permission or places something on another's property without permission

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private nuisance

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a nuisance that affects only a single person or a very limited number of individuals

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trespass to personal property

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temporary interference with another's use or enjoyment of his or her personal property

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conversion

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permanent interference with another's use and enjoyment of his or her personal property

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disparagement

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a business tort that occurs when a statement is intentionally used to defame a business product or service.

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slander of quality

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a business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales

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trade libel

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a business tort that occurs when false printed statements criticize a business product or service and result in a loss of sales

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slander of title

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a business tort that occurs when false published statements are related to the ownership of the business property.

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food disparagement

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a tort that provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product

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intentional interference with contract

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The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that she or he has with another.

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unfair competition

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the act of competing with another not to make a profit but for the sole purpose of driving that other out of business

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fraudulent misrepresentation

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the tort that occurs when a misrepresentation is made with the intent to facilitate personal gain and with the knowledge that it is false

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negligence

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behavior that creates an unreasonable risk of harm to others

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reasonable person standard

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a measurement of the way members of society expect an individual to act in a given situation

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actual cause

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the determination that the defendant's breach of duty resulted directly in the plantiff's injury

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proximate cause

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the extent to which, as a matter of policy, a defendant may be held liable for the consequences of his or her actions. In the majority of states, proximate cause requires that the plaintiff and the plantiff's damages were foreseeable at the time of the accident. In the minority of states, proximate cause exists if the defendant's actions led to the plaintiff's harm

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compen

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gnn