Exam 1: Chapter 4

Front 1

Tort

Back 1

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability

Front 2

Business Tort

Back 2

Wrongful interference with another's business rights and relationship

Front 3

Cyber Tort

Back 3

A tort committed in cyberspace

Front 4

Damages

Back 4

A monetary award sought as a remedy for breach of contract or a tortious action

Front 5

Compensatory Damages

Back 5

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party

Front 6

Punitive Damages

Back 6

Monetary Damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future

Front 7

Intentional Tort

Back 7

A wrongful act knowingly committed

Front 8

Tortfeasor

Back 8

One who commits a tort

Front 9

Assault

Back 9

Any word or action intended to make another person fearful of immediate physical harm -- a reasonably believable threat

Front 10

Battery

Back 10

Unexcused, harmful or offensive, physical contact with another that is intentionally performed

Front 11

Defense

Back 11

A reason offered and alleged by a defendant in an action or lawsuit as to why why the plaintiff should not recover or established what she or he seeks

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Actionable

Back 12

Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action

Front 13

Defamation

Back 13

Anything published or publicly spoken that cause injury to another's good name, reputation, or character

Front 14

Libel

Back 14

defamation in writing or another form having the quality of permanence (such as a digital recording)

Front 15

Slander

Back 15

Defamation in oral form

Front 16

Privilege

Back 16

In tort law, immunity from liability for an action that would otherwise be a tort

Front 17

Actual Malice

Back 17

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Actual malice is required to establish defamation against public figures

Front 18

Appropriation

Back 18

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

Front 19

Fraudulent Misrepresenation

Back 19

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly mad with the intention of deceiving another and on which a reasonable person would and does rely to hit or her detriment

Front 20

Puffery

Back 20

A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties.

Front 21

Trespass to Land

Back 21

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

Front 22

Trepass to Personal Property

Back 22

Wrongfully taking or harming the personal property of another or otherwise interfering with lawful owner's possession of personal property

Front 23

Conversion

Back 23

Wrongfully taking or retraining possession of an individual's personal property and placing it in the service of another

Front 24

Disparagement of Property

Back 24

An economically injurious falsehood about anthers product or property

Front 25

Slander of Quality (Trade Libel)

Back 25

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

Front 26

Slander of Title

Back 26

The publication of a statement that denies or casts doubt on another's legal ownership, causing financial loss to that property's owner

Front 27

Negligence

Back 27

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Front 28

Duty of Care

Back 28

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence

Front 29

Reasonable Person Standard

Back 29

The standard of behavior expected of a hypothetical "reasonable person" It is the standard against which negligence is measured and that must be observed to avoid liability for negilgence

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Business Invitee

Back 30

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

Front 31

Malpractice

Back 31

Professional misconduct or the lack of the requisite degree of skill as a professional (negligence)

Front 32

Causation in Fact

Back 32

An act or omission without which an event would not have occurred

Front 33

Proximate Cause

Back 33

Legal cause, it exists when the connection between an act and an injury is strong enough to justify imposing liability

Front 34

Assumption of Risk

Back 34

A defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

Front 35

Contributory Negligence

Back 35

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own.

Front 36

Comparative Negligence

Back 36

A rule in tort law, used in majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely

Front 37

Res Ipsa Loquitur

Back 37

A doctrine under which negligence may be inferred simply because an even occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves"

Front 38

Negligence Per Se

Back 38

An action or failure to act in violation of a statutory requirement

Front 39

Good Samaritan Statute

Back 39

A state statute stipulating that persons who provide emergency to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby amusing further harm

Front 40

Dram Shop Act

Back 40

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated person when the sellers or servers of alcoholic drinks contributed to the intoxication

Front 41

Strict Liability

Back 41

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufactures or seller that introduce into commerce defective and unreasonably dangerous goods