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36 Cards in this Set
- Front
- Back
Absolute liability |
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act of God |
things such as earthquakes, lightning, snowstorms, tornadoes, and floods |
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Bailee |
the person receiving possession of goods or personal property |
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Bailment |
a transfer of possession of goods or personal property from a person in possession of the property to another with the understanding that the property will be returned. |
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Bailment for the sole benefit of the bailee |
the bailor receives no benefit from the bailment |
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Bailment for the sole benefit of the bailor |
the bailee receives no benefit from the bailment
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Bailor |
the owner of goods of personal property who transfers such property to a bailee |
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Concessionnair |
an independent contractor who provides a service to a hotel's guest |
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Conspicuous |
out in the open; easily seen |
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Constructive bailment |
bailment created by law rather than by the parties agreeing |
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Equitable estoppel |
a legal principle that precludes a person from claiming a right or benefit that might otherwise have existed because that person made a false representation to a person who replied on it to his or her detriment
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infra hospitium |
Meaning "Within the Inn" |
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Limiting liability statutes |
laws that restrict an inn-keepers' liability for property loss in exchange for strict statutory compliance by the innkeeper. Also called: Limiting statutes |
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merchandise samples |
samples of goods for sale brought to a hotel by a salesperson-guest |
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mutual-benefit bailment |
exists when both parties receive some benefit from the bailment |
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prima facie |
such evidence as will suffice to establish a cause of action until contracted and overcome by other evidence
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prima facie liability rule |
a rule that states that hotel-keepers are liable for property loss only if the loss occurs through their negligence |
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public enemy |
includes wartime and terrorist activities |
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strict liability |
also called Absolute Liability, the doctrine that imposes all the risks of an ultra-hazardous activity upon those who engage in it |
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Ch. 9 |
Ch. 9 |
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Assault |
the tort of intentionally putting someone in fear of harmful physical contact such as making a fist to punch someone |
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Battery |
the tort of causing harmful physical contact to a person such as punching someone |
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criminal possession of stolen property |
act of knowingly taking possession of stolen property with intent to benefit someone other than the owner.
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erty |
find. |
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defamation |
the tort of making false written statements about someone to a third person when those statements subject the former to ridicule or scorn
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defraud |
to cheat or trick, intentionally misrepresenting an important fact intending for someone to rely on the misrepresentation and thereby suffer damages |
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evict |
legal process by which a judge grants the removal of a tenant, by force if necessary, from a rental property for a specific reason
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excessive force |
unnecessary force, more than is required to defend oneself
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false arrest |
intentional and unprivileged detention or restraint of another perosn
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issuing a bad check |
a check for which the maker has insufficient funds in the bank, or a check written on an account that has been closed
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forgery |
the unauthorized alteration, completion, or making of a written instrument with intent to defraud or decieve
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libel |
written defamation (false written statements)
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lien |
a charge or obligation due to owning against real or personal property for the satisfaction of a debt. |
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privilege |
an ability to communicate alleged wrongful acts without fear of a lawsuit for statements believed to be true but ultimately determined to be false |
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slander |
the tort of making defamatory statements orally, as opposed to in writing
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tresspass |
entry to another's property without right or permission |