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Flashcards in Ch. 6 Deck (43)
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1

torts

wrongs and compensation

2

tort action

one person brings a lawsuit against another person or group to obtain compensation or other relief for the harm suffered

3

compensatory damages

intended to compensate or reimburse a plaintiff for actual losses, to put them in the same position they had been before the tort occurred

4

special damages

compensate the plaintiff for monetary losses, such as medical expenses, lost wages and benefits, extra costs, the loss of irreplaceable items, or the cost of replacing or repairing damaged property

5

general damages

compensate individuals for the non monetary aspects of the harm suffered, such as pain and suffering

6

punitive damages

punish the wrongdoer and deter other from similar wrong doing. appropriate only when the defendants conduct was particularly egregious or reprehensible

7

gross negligence

intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another

8

tortfeasor

one committing the tort

9

intentional tort

requires intent, the tortfeasor must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law doesn't have to be evil or harmful

10

assault

any intentional and unexcused threat of immediate harmful or offensive contact including words or acts that create in another person a reasonable apprehension of harmful contact

11

battery

completion of an assault results in battery, an unexcused and harmful or offensive physical contact intentionally performed

12

false imprisonment

the intentional confinement or restraint of another persons activities without justification, interferes with the freedom to move without restraint

13

intentional infliction of emotional duress

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

14

actionable

capable as serving for the grounds of a lawsuit

15

defamation

wrongfully hurting a persons good reputation (generally when a statement of fact is wrongfully made, not usually a statement of opinion)

16

libel

written defamation

17

slander

oral defamation

18

the publication requirement

holds that for a statement to be defamation it must be published or announced to a third party, it cannot be a private letter. can be overheard or a letter to a secretary

19

damages for libel

general damages will be presumed as a matter of law after the liability for the libel has been established

20

damages for slander

the plaintiff must prove the slander with injury to establish the defendants liability

21

"slander per se"

no proof of special damages is required for it to be actionable

22

What are 4 examples of slander per se?

(1) a statement that another has a particular type of disease (2) that another has committed improprieties while engaging in a profession or trade (3) that another has committed or has been imprisoned for a serious crime (4) that a person is unchaste of has engaged in serious sexual misconduct (usually an unmarried woman)

23

damages for defamation

if a statement can be proven true then there will be no compensation provided to the plaintiff

24

privileged speech

immune to liability for defamatory speech. two types absolute and qualified

25

absolute privilege

protected against liability because the people generally deal with matters that are so much in the public interest that the parties involved should be able to speak out fully and without restriction

26

qualified (conditional) privilege

if the statements are made in good faith and the publication is limited to those that have a legitimate interest in the communication. the right to speak is equal in importance to the right not to be defamed

27

actual malice

generally public figures are fair game and can be defamed unless actual malice, made with either knowledge of its falsity to a reckless disregard of the truth

28

What are the 4 acts that qualify as invasion of privacy?

(1) appropriation of identity (2) intrusion into an individuals affairs or seclusion (3) false light (4) public disclosure of private facts

29

appropriation of identity

using a persons picture or identity for public use without permission

30

intrusion into an individuals affairs or seclusion

searching through someones home or things without permission