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Finance 240 > Chapter 6 > Flashcards

Chapter 6 Flashcards

1
Q

Compensatory damages

A

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

  • special damages
  • general damages
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2
Q

Special damages

A

Compensate for quantifiable monetary loss

- medical expenses, lost wages, loss of irreplaceable items, damaged property

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3
Q

General damages

A

Compensate for the nonmonetary aspects of the harm suffered such as pain and suffering

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4
Q

Punitive damages

A

Money damages awarded to a plaintiff to punish the defendant and to deter future similar conduct

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5
Q

A common defense to intentional torts is

A

Consent

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6
Q

Most widely used defense in negligence actions

A

Comparative negligence

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7
Q

Intentional tort

A

A wrongful act knowingly committed

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8
Q

Tortfeasor

A

One who commits a tort

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9
Q

Transferred intent

A

When a defendant intends to harm one individual, but unintentionally harms a second person

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10
Q

Assault

A

Any word or action intended to make another person fearful of immediate physical harm, a reasonably believable threat

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11
Q

Battery

A

The unprivileged, intentional touching of another

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12
Q

False imprisonment

A

The intentional confinement or restraint of another persons activities without justification

  • NOT moral pressure
  • why you can’t keep a suspected shoplifter for questioning
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13
Q

Intentional infliction of emotional distress

A

An intentional act that amounts to extreme and outrageous conduct resulting in extreme emotional distress to another

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14
Q

Actionable

A

Capable of serving as the basis of a lawsuit

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15
Q

Defamation

A

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

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16
Q

Libel

A

Defamation in writing or other form (like digital recording) having the quality of permanence

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17
Q

Slander

A

Defamation in oral form

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18
Q

To establish defamation must prove

A
  1. It was a false statement of fact
  2. It was understood as being about the plaintiff and meant to cause harm
  3. Published to at least one other person besides the plaintiff
  4. If plaintiff is a public figure must prove actual malice
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19
Q

Damages for libel

A

General damages

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20
Q

Damages for slander

A

Must prove special damages

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21
Q

Slander per se

A

Actionable with no proof of special damages required.

  1. A statement that another has a communicable disease
  2. A statement that another had committed inproprieties in their profession
  3. A statement that another has been imprisoned for a serious crime
  4. A statement that a person has engaged in sexual misconduct
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22
Q

Privilege

A

In tort law, the ability to act contrary to another persons right without that persons having legal redress for such acts.
- a defense for defamation

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23
Q

Privileged communications

A

Absolute and qualified

24
Q

Defense to defamation

A

Truth

Privilege

25
Q

Absolute privilege

A

Only granted in judicial proceedings

26
Q

Qualified privilege

A

Statements made in good faith to someone who has a legit interest in it
Ex: surgeon thinks his coworker is on drugs, reports it to head surgeon but she wasn’t on drugs.

27
Q

Actual malice

A

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth.

28
Q

Types of Invasion of privacy

A
  1. Intrusion into ones affairs or seclusion ex: laptops, homes
  2. False light
  3. Public disclosure of private facts
  4. Appropriation
29
Q

Fraudulent misrepresentation

A

Any misrepresentation knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

30
Q

Puffery

A

A salespersons exaggerated claims concerning the quality of goods offered for sale.
- not fraudulent misrepresentation

31
Q

Abuse of process

A

Using the legal process against another in an improper manner or to accomplish a purpose for which the process was not designed

32
Q

Wrongful interference with a contractual relationship

A
  1. A valid contract must exist between 2 parties
  2. A third party must know it exists
  3. A third Party must intentionally try to get them to breach the contract
33
Q

Defenses to wrongful interference

A

If the interference was justified or necessary

- competition

34
Q

Trespass to land

A

The entry into the surface of land owned by another without their permission

35
Q

Defenses against trespass to land

A

The trespass was necessary

- you had a license to come into the land

36
Q

Trespass to personal property

A

The unlawful taking or harming of another’s personal property
- interference with anothers right to the exclusive possession of his or her personal property

37
Q

Conversion

A

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

  • the civil side of crimes related to theft
  • can occur even when a person mistakenly believed they were entitled to the goods
38
Q

Disparagement of property

A

An economically injurious false statement made about another’s product or property.

39
Q

Slander of quality/trade libel

A

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

40
Q

Slander of title

A

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
- also trade libel

41
Q

Negligence

A

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
(Unintentional torts)

42
Q

To succeed in a negligence action, the plaintiff must prove:

A
  1. Duty
  2. Breach
    3 causation
  3. Damages
43
Q

Duty of care

A

Central to the tort of negligence

44
Q

Reasonable person standard

A

The standard of behavior expected of a hypothetical reasonable person. The standard against which negligence is measured and that must be observe to avoid liability for negligence

45
Q

Malpractice

A

Professional misconduct or the failure to exercise the requisite degree of skill as a professional.

46
Q

Causation in fact

A

An act or omission without which an event would not have occured

47
Q

Proximate cause

A

Legal cause; discs when the connection between an act and an injury is strong enough to justify imposing liability

48
Q

Negligence per se

A

An act (or failure to act) in violation of statutory requirement

49
Q

Good Samaritan statutes

A

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

50
Q

Dram shop acts

A

A state statute that imposes liability on the owners of bars for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

51
Q

Defenses to negligence

A

Assumption of risk
Superseding cause
Contributory and comparative negligence

52
Q

Assumption of risk

A

The plaintiff was aware of a danger and voluntarily assumed that risk of injury from that danger

53
Q

Superseding cause

A

An intervening force or event that breaks the connection between a wrongful act and an injury to another

54
Q

Contributory negligence

A

A theory in tort law under which a complaining party’s own negligence contributed to his or her injuries
- an absolute bar to recovering any damages in a minority of jurisdictions

55
Q

Comparative negligence

A

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party) on the basis of each persons proportionate negligence

56
Q

Torts

A

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

Finance 240 (33 decks)

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