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24 Cards in this Set
- Front
- Back
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TRESPASS TO LAND
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Tresspass to land is the intentional interference with the land in the possesion of another without consent or privilege.
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TRESPASS TO CHATTEL
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Trespass to chattel is the intentional interference with the personal property of another without consent or privilege.
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RESPONDEAT SUPERIOR
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An employer is liable for the acts of its employees while in the course and scope of their employment.
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CONVERSION
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Conversion is the intentional exercise of dominion and control over the personal property of another without consent or privilege.
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ASSAULT
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Assault is the intentional creation of apprehension in another without consent or privilege.
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BATTERY
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Battery is the intentional harmful or offensive touching of another without consent or privilege.
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IIED
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IIED is the intentional outrageous conduct by the defendant which is calculated to cause and which does cause severe emotional distress.
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NIED
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A duty is owed to exercise due care not to subject others to a foreseeable risk of physical injury that might foreseeably cause emotional distress.
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COMPENSATORY DAMAGES
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Compensatory damages are those that naturally flow from the wrong and such as will make good or replace the loss caused by the wrong or injury sustained.
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PUNITIVE DAMAGES
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Punitive damages are those damages awardedto the plaintiff wherethe wrong complained of was aggravated by willful, wanton conduct.
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NEGLIGENCE
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Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages.
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NEGLIGENT MISREPRESENTATION
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Negligent misrepresentation is the misrepresentation of a material fact made with lack of due care which induces the justifiable reliance of the plaintiffcausing damages.
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PRODUCTS LIABILITY
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When a product causes injury, the manufacturer may be liable under one or more of the theories of recovery gorvened by Products Liability.
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EXPRESS WARRANTY
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Express Warranty is a promise or representation of fact made by a seller to buyer relating to the quality of good which causes reliance to one's damage.
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IMPLIED WARRANTY
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The implied assurance from the seller to the consumer that the product is fair and of average quality.
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STRICT LIABILITY
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If a defective product is placed in the stream of commerce, the manufacturer will be held stricktly liable in tort to all consumer users for their injuries.
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DEFAMATION
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Defamation is a false defamatory statement intentionally or negligently published to a third party which is understood as defamatory by that third party, causing damage to plaintiff's reputation.
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QUALIFIED PRIVILEGE
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A person has a qualified privilege to defame another if he reasonably believes that his statements are neccesary to protect a legitimate public interest and that the defamed person has the power to protect that interest.
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INTERFERENCE WITH CONTRACT
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Interference with contract is the intentional interference with an existing contract which causes damage.
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INTERFERENCE WITH PROSPECTIVE ADVANTAGE
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The intentional interference with a prospective advantage .
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TRADE LIBEL
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Trade libel is a false statement made by a defendant with the intent to disparage the plaintiff's business which is published to a third party causing special damages.
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INVASION OF PRIVACY
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Invasion of privacy invloves the right to be let a alone. Recovery may be based on the intrusion into the seclusion of a person where there is a reasonable expectation of privacy.
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JOINT VENTURE
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Persons who engage in a joint enterprise are vicariously liable for the conduct of the other members within the scope of that enterprise if an agreement exits between two or more persons with a common purpose.
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SURVIVAL STATUTES
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Survival statutes permit causes of action for personal and property damages to survive the death of the tortfeasor.
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