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32 Cards in this Set

  • Front
  • Back
one who commits a tort
all intentional acts of deception used by one individual to gain an advantage over another
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)
nominal damages
awarded when there has been a breach of an agreement or an invasion of a right but there is no evidence
invasion of privacy
if one person invades the right of another to withhold self and property from public scrutiny (tort)
contributory negligence
is a defense that exists when the injured persons proximately contributed to their injuries by their own negligence
comparative negligence
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
uniform commercial code
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.
assumption of risk
taking a chance in a potentially dangerous situation
the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger
joint tenancy
crucial relationship in the ownership of real property, which provides that if one dies the other gets the sole title
strict liability
automatic responsibility(without having to prove negligence)for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous
breach of contract
failing to perform any term of a contract, written or oral, without a legitimate excuse
compensatory damages
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)
punitive damages
damages awarded in a lawsuit as a punishment and example to others for malicious, evil or particularly fraudulent acts
fancy way of saying stealing(tort)
bilateral contract
an agreement in which the parties exchange promises for each to do something in the future
unilateral contract
an agreement to pay in exchange for performance, if the potential performer chooses to act
the necessary proof that the defendants conduct caused a give result
referring to a statute, contract, ruling or anything which is null and of no effect
the actual intentional striking of someone, with intent to harm, or in a "rude or insolent manner" even if the injury is slight
a piece of equipment that if you remove from the real estate the property would be damaged
an order by the court prohibiting the action of the defendant
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
capable of being voided
the use of for, false imprisonment or threats to compel someone to act contrary to his/her wishes
false imprisonment
depriving someone of freedom of movement by holding a person in a confined space or by physical restraint
parol evidence rule
if there is evidence in writing the terms of the contract cannot be altered by oral agreement
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
specific performance
the right of a party to a contract to demand that the defendant be ordered in the judgment to perform the contract
product liability
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
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