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38 Cards in this Set

  • Front
  • Back

Fixture

Anypersonal property affixedto real property in such a way as to become part of the real property.

Money

Currency, coins, bank notes, and sometimestraveler's checks, credit card slips,and money orders held for sale to the public

Securities

Written instruments representing either money or other property, , such as stocksand bonds

Auto

Asdefined in commercialgeneral liability and auto forms,a land motor vehicle, trailer,or semitrailer designedfor travel on public roads, including attached machinery or equipment; or any other landvehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed orprincipally garaged.

Mobile equipment

Various types of vehiclesdesigned for use principally off public roads, such as bulldozers and cranes

Recreational vehicle

A vehicleused for sportsand recreational activities, such as a dune buggy, all-terrain vehicle, or dirt bike

Peril

The cause of a loss.

Mortgagee

A lender in a mortgage arrangement, such as a bank or another financing institution

Mortgagor

Theperson or organization that borrows money from a mortgagee to finance the purchase of real property.

Bailee

The party temporarily possessing thepersonal property in a bailment.

Legal liability

Thelegally enforceable obligation of a person or an organization to pay a sumof money (called damages) to another person or organiza­tion.

Constitutional law

The Constitution itself and all the decisionsof the Supreme Court thatinvolve the Constitution

Statute

A written law passed by a legislative body, the federalor state level

Statutory law

The formal laws, orstatutes, enacted by federal,state, or local legisla­tive bodies

Common law(case law)

Laws that developout of court decisions in particular cases and estab­lish precedents for future cases.

Criminal law

The branch of the law thatimposes penalties for wrongs against soci­ety.

Civil law

Aclassification of law that appliesto legal matters not governed bycriminal law and that protectsrights and providesremedies for breaches of duties owed to others.

Tort

A wrongful act or an omission, other thana crime or a breach of con­tract, that invades a legallyprotected right

Tort law

The branch of civil law thatdeals with civil wrongs other than breaches of contractts

Negligence

Thefailure to exercisethe degree of care that a reasonableperson in a similarsituation wouldexercise to avoid harming others.

Proximate cause

A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and withoutwhich the event would not have happened

Tortfeasor

A person or organization that has committed a tort.

Vicarious liability

Alegal responsibility that occurs when one partyis held liable forthe actions of a subordinate or associate becauseof the relationship between the two parties.

Intentional tort

A tort committed by a person who foresees (or should be able to fore­see) that his or her act will harm another person.

Assault

Thethreat of force against another person that creates a well-founded fear of imminent harmful or offensive contact.

Battery

Intentional harmful or offensivephysical contact with another person without legal justification

Defamation

A false written or oral statement that harms another's reputation

Slander

A defamatory statementexpressed by speech.

Libel

A defamatory statementexpressed in a writing.

False arrest

The seizure or forciblerestraint of a person withoutlegal authority.

Invasion of privacy

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

Strictliability (absolute liability)

Liability imposed by a court or by astatute in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, ultra hazardous, extraordinary, abnormal, or inappropriate.

Hold-harmless agreement


(or indemnity agreement)

A contractual provision that obligates one of the parties to assumethe legal liability of another party.

Warranty

A written or oralstatement in a contract that certainfacts are true.

Statutory liability

Legal liability imposed by a specific statuteor law.

Personnel loss exposure

A condition that presentsthe possibility of loss caused by a person'sdeath, disability, retirement, or resignation that deprivesan organiza­ tion of the person'sspecial skill or knowledge that the organizationcannot readily replace.

Key employee

Anemployee whose loss toa firm through death or disability before retirement would have economic effectson the company.

Disability

Theinability (because of impairment) ofa person to meet his or her personal, social,or occupational demands; other activities of dailyliving; or statutory or other legal requirements.