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19 Cards in this Set
- Front
- Back
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Intentional torts against property |
torts in which the defendant acts purposefully to interfere with another person's right in property |
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Real property |
land and anything permanently affixed thereto -house -barn -imbedded fence -fruit tree |
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Personal property |
property that is not real property; also call chattels -computer -shoes -picked flowers |
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trespass to land |
intentional and unlawful entry onto or interference with land of another, without permission |
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Nuisance |
common law doctrine under which person can be held liable for using their property in a manner the unreasonably interferes with other persons' use and enjoyment of their property |
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Private nuisance |
unreasonable interference with another's interest in the private use and enjoyment of his or her land |
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Public nuisance |
unreasonable interference with a right that is common to the general public |
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Conversion |
Intentional exercise of dominion and control over another's personal property which seriously interferes with the owner or possessor's right to possession |
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Trespass to chattels |
intentional dispossession or intermeddling by the defendant with the plaintiff's right to use or possession of personal property |
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Misrepresentation |
intentional making of a material false statement, or the failure to disclose when a duty to disclose exists, which cause the plaintiff a pecuniary loss; also called fraudulent misrepresentation, fraud, or the tort of fraud or deceit |
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Statement of fact |
statement that can be objectively verified (proven), as distinguished from a statement of opinion |
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Statement of opinion |
vague statement or value judgement that is not objectively verified, as distinguished from a statement of fact |
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Sales puffery |
sales talk engaged in by salesperson in order to induce a sale |
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Tortious interference |
harm caused intentionally to a plaintiff contractual or other business relationships |
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Tortious interference with a contractual relationship |
tortfeasor induces a party to breach its contract with the plaintiff, or otherwise disrupts the party's performance under the contract, causing the plaintiff harm |
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Tortious interference with a business relationship |
tortfeasor interferes with a business or activity of another, causing harm |
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Tortious interference with employment |
taking of adverse employment action by an employer, in violation of the law |
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Prima facie tort doctrine |
catch-all tort doctrine recognized in a few states to certain wrongful conduct that is intentional but does not fit the essential element of the other recognized intentional facts |
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Intangible property |
all property that is not real property that does not exist in tangible form e.g. stocks,copyrights |
