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6 Cards in this Set
- Front
- Back
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Tort
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civil wrong not arising from a breach of contract.
Breach of legal duty that harms another. NOT crime – not against state, not guilty just liable, tort is state based |
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Negligence
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failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. (elements: duty, breach of duty, actual cause, proximate cause, injury)
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Intentional Tort
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wrongful act knowingly committed. Includes: assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, invasion of privacy, appropriation, fraudulent misrepresentation, abusive litigation, trespass to land/ personal property.
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Business Tort
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wrongful interference with the business rights of another
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Strict Liability
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liability regardless of fault. In tort law, strict liability may be imposed on defendant in cases involving abnormally dangerous actions/ animals, or defective products.
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Punitive Damages
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money damages that may be awarded to plaintiff to punish the defendant and deter future similar conduct.
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