Business Law- Chapter 6

Front 1

Actionable

Back 1

Capable of serving as the basis of a lawsuit.

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Actual Malice

Back 2

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.

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Appropriation

Back 3

In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.

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Assault

Back 4

Any word or action intended to make another person fearful or immediate physical harm; a reasonable believable threat.

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Battery

Back 5

The unprivileged, intentional touching of another.

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Business Tort

Back 6

The wrongful interference with the business rights of another.

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Compensatory Damages

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A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

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Conversion

Back 8

The wrongful taking, usin, or retaining possession of personal property that belongs to another.

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Cyber Tort

Back 9

A tort commited via the Internet.

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Defamation

Back 10

Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.

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Disparagement of Property

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An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of qualtity or slander of title.

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Fraudalent Misrepresentation

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Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on ewhich a reasonable person would and does rely to his or her detriment.

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Intentional Tort

Back 13

A wrongful act knowingly committed.

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Libel

Back 14

Defamation in writing or other form (such as in a videotape) having the quality of permanence.

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Privilege

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In tort law, the ability to act contrary to another person's having legal redress for such acts. Privelge may be raised as a defense to defamation.

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Puffery

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A salesperson's exaggerated claims concerning te quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

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Punitive Damages

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Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.

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Slander

Back 18

Defamation in oral form.

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Slander of Quality

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The publication of false information about another's product, alleging that it is not what the seller claims.

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Slander of Title

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The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.

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Spam

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Bulk, unsolicited ("junk") e-mail.

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Tort

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A civil wrongdoin not arising from a breach of contract. A breach of legal duty that proximately causes harm or injury to another.

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Tortfeasor

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One who commits a tort.

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Trade Libel

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The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality.

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Trespass to Land

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One who commits the tort of trespass in one of its forms.

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Trespass to Personal Property

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The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.

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Assumption of Risk

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A defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger.

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Business Invitee

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Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.

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Causation in Fact

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An act or omission without ("but for") which an eent would not have occurred.

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Comparative Negligence

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A theory in tort law under which the liablilty for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the baiss of each person's proportionate negligence.

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Contributory Negligence

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A theory in tort law under which a complaining party's own negligence contributed or caused his or her injuries. Contributory negligence is an abosolute bar to recovery in a minority of jurisdictions.

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Dram Shop Act

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A state statute that imposes liability on the owners of bars and tavers, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when teh sellers or servers of alcoholic drinks contributed to the intoxication.

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Duty of Care

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The duty of all persons brought to bar on person, causing the person to perform an act that he or she would not otherwise perform

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Good Samaritan Statute

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A state statute that provides that persons who rescue or provide emergency services to others in peril- unless they do so recklessly, thus causing further harm- cannot be sued for negligence.

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Malpractice

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Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence- the failure to exercise due care- on the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice.

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Negligence

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The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

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Negligence Per se

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an act (or failure to act) in violation of a statutory requirement.

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Proximate Clause

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Legal cause; exists when the connectin between an act and an injury is strong enough to justify imposing liability.

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Reasonable Person Standard

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The standard of behavior expected fo a hypothetical "reasonable person." The standard against which negligence is measured and that msut be observed to avoid liablility for negligence.

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Res Ispa Loquitur

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A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

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Strict Liability

Back 41

Liability regardless of fault. In tort law, strict liability may be imposed on defendants in cases involving abnormally dangerous activities, danderous animals, or defective products.