Aic 32 – Liability Claim Practices – Chapter 3

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Tort

Back 1

A wrongful act or an omission, other than a crime or a breachof con­ tract, that invades a legally protectedright.

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Tortfeasor

Back 2

A person or organization that has committeda tort

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Proximate cause

Back 3

A cause that, in a natural and continuous sequenceunbroken by any new and independent cause, produces an event and without which the event would not have happened

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Foreseeable

Back 4

The natural probable consequences in a chain of events.It focuses on whether a prudentperson knew or should have known that the consequences wouldoccur

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Negligent entrustment

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The act of leavinga dangerous articlewith a person who the lender knows, or should know, is likely to use it in an unreasonably risky manner.

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Negligence per se_

Back 6

An act that is considered inherently negligent because of a violation of a law or an ordinance.

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Rescue doctrine

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This provides that the party causing an accident can be liable to any people involvedin rescue efforts as a result of the accident.In some states, police and firefighters are excluded from this doctrine

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Joint tortfeasors

Back 8

Two or more parties who commit a tort together in circumstances that canmake it difficult to distinguish the fault or harm caused by one wrongdoer from that caused by another

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Successive joint tortfeasors

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Parties whose independent acts do not produce a single event, but unite to cause a single injury that can be easily apportioned among the wrongdoers.

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Res ipsa loquitur

Back 10

A legal doctrine that provides that,in some circumstances, negli­gence is inferredsimply by an accident occurring

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Intervening cause

Back 11

An act, independent of an originalact and not readily foreseeable, that breaks the chain of causationand sets a new chain ofevents in motion that causes harm

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Comparative negligence

Back 12

A common-law principle that requiresboth parties to a loss to share the financialburden of the bodily injuryor property damageaccord­ing to their respective degrees of fault

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Pure comparative negligence rule

Back 13

A comparative negligencerule that permitsa plaintiff to recover dam­ ages discounted by his or her own percentage of negligence, as long as the plaintiff is not 100 percent at fault

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50 percent comparative negligence rule

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A comparative negligencerule that permits a plaintiff to recover reduced damagesso long as the plaintiff's negligence is not greater than 50 percent of the total negligence leadingto harm

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49 percent comparative negligence rule

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A comparative negligence rule that permits a plaintiff to recover reduced damages so long as the plaintiff 's negligence is less than the other party's negligence.

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Slight versus gross rule

Back 16

A rule of comparative negligencethat permits the plaintiff to recover only when the plaintiff's negligence is slight in comparison with the gross negligence of the otherparty.

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Governmental immunity (sovereign immunity)

Back 17

A defense to negligence that protects the federal governmentagainst lawsuits for tort without its consent.

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Proprietary function

Back 18

Alocal government's act that is not considered part of the business of government and that could be performed by a privateenterprise.

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Discretionary acts

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An act by a public official that requires the application of judgment andreason to the circumstances

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Ministerial act

Back 20

An act that is directedby law or other authorityand that requires no individual judgmentor discretion about whether or how to perform it.

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Statute of limitations

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A statute that requires a plaintiff to file a lawsuit withina specifictime period after the cause of action has accrued, which is often when the injury occurredor was discovered

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Discovery Doctrine

Back 22

Provides that the statuteof limitation does not beginto run until the injury is discovered or should have been discovered.

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Defamation

Back 23

A false written or oralstatement that harms another's reputation

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Libel

Back 24

A defamatory statement expressed in a writing

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Slander

Back 25

A defamatory statement expressed by speech

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Disparagement (of reputation)

Back 26

A communication of false business statements aboutthe business practices of a person or companythat damages the company in the public's eye

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Invasion of privacy

Back 27

An encroachment on another person's right to be left alone

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Breach of confidentiality

Back 28

A privileged party'srelease of private information beyond his or her scope of authority

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Infringement of copyright

Back 29

The unauthorized use of copyrighted material (or use without permis­sion of the copyright holder).

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Infringement of trademark or service mark

Back 30

The unauthorized use or imitation of another's trademarkor service mark.

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Infringement of trade dress

Back 31

The nonfunctional physicaldetail and design of a productor its pack­ aging that indicatesor identifies the product's sourceand distinguishes it from the products of others

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Patent infringement

Back 32

Using or selling, withoutthe owner's consent,any product, process, or apparatusof a legally protected item (one that has been filed for a patent).

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Assault

Back 33

The threatof force againstanother person that creates a well-founded fear of imminentharmful or offensivecontact.

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Battery

Back 34

Intentional harmfulor offensive physical contact with anotherperson without legaljustification.

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Intentional infliction of emotional distress

Back 35

An intentional act causing mental anguish that results in physical injury

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Conversion

Back 36

The unlawful exercise of control over anotherperson's personal prop­ erty to the detrimentof the owner

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Trespass

Back 37

Unauthorized entry to another person'sreal property or forcible inter­ference with another person'spersonal property

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Public nuisance

Back 38

An act, occupation, or structure that affects the public at large or a substantial segment of the public, interfering with public enjoyment or rightsregarding property

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Private nuisance

Back 39

Anunreasonable andunlawful interference with another's use or enjoyment of his or her real property.