Le101

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Tortfeasor

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one who commits a tort

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fraud

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all intentional acts of deception used by one individual to gain an advantage over another

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slander

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oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.(tort)

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nominal damages

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awarded when there has been a breach of an agreement or an invasion of a right but there is no evidence

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invasion of privacy

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if one person invades the right of another to withhold self and property from public scrutiny (tort)

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contributory negligence

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is a defense that exists when the injured persons proximately contributed to their injuries by their own negligence

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comparative negligence

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a rule of law applied in accident cases to determine the responsibility and damages based on the negligence of every party directly involved in the accident

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uniform commercial code

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a set of statutes governing the conduct of business, sales, warranties, negotiable instruments, loans secured by personal property and other commercial matters, which has been adopted with minor variations by all states except Louisiana.

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assumption of risk

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taking a chance in a potentially dangerous situation

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assault

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the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger

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joint tenancy

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crucial relationship in the ownership of real property, which provides that if one dies the other gets the sole title

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strict liability

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automatic responsibility(without having to prove negligence)for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous

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breach of contract

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failing to perform any term of a contract, written or oral, without a legitimate excuse

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compensatory damages

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damages recovered in payment for actual injury or economic loss, which does not include punitive damages(as added damages due to malicious or grossly negligent action)

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punitive damages

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damages awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts

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conversion

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fancy way of saying stealing(tort)

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bilateral contract

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an agreement in which the parties exchange promises for each to do something in the future

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unilateral contract

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an agreement to pay in exchange for performance, if the potential performer chooses to act

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causation

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the necessary proof that the defendants conduct caused a give result

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void

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referring to a statute, contract, ruling or anything which is null and of no effect

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battery

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the actual intentional striking of someone, with intent to harm, or in a "rude or insolent manner" even if the injury is slight

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fixture

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a piece of equipment that if you remove from the real estate the property would be damaged

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injunction

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an order by the court prohibiting the action of the defendant

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trespass

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entering another person's property without the permission of the owner or his/her agent and without lawful authority and causing any damage, no matter how slight

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voidable

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capable of being voided

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duress

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the use of for, false imprisonment or threats to compel someone to act contrary to his/her wishes

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false imprisonment

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depriving someone of freedom of movement by holding a person in a confined space or by physical restraint

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parol evidence rule

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if there is evidence in writing the terms of the contract cannot be altered by oral agreement

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mitigation

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the requirement that if you're injured by someone's negligence or breach of contract must take reasonable steps to reduce the damages, injury or cost, to prevent them from getting worse

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specific performance

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the right of a party to a contract to demand that the defendant be ordered in the judgment to perform the contract

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product liability

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the responsibility of manufacturers, distributors and sellers of products to the public to deliver products free of defects which harm an individual or numerous persons and to make good on that responsibility if their products are defective

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license

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governmental permission to perform a particular act, conduct a particular business or occupation, operate machinery or vehicles after proving ability to do so safely or use property for a certain purpose