Chapter 16 Tort Law Flashcards Preview

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Flashcards in Chapter 16 Tort Law Deck (44)
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1

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

Tort

2

a tort committed by use of the internet

Cyber Tort

3

A wrongful act knowingly committed

Intentional l tort

4

one who commits a tort

tortfeasor

5

Any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable trust.

Assault

6

the intentional and offensive touching of another without lawful justification.

Battery

7

the intentional confinement or restraint of a person against his or her will.

false imprisonment

8

intentional, extreme, and outrageous conduct resulting in severe emotional distress to another

Intentional Infliction of emotional distress.

9

Capable as serving as the basis of a lawsuit. A claim that can be pursued in a lawsuit or other court action.

Actionable

10

anything published or publicly spoken that causes injury to anthers good name, reputation or character.

Defamation

11

Defamation in oral form

Slander

12

Defamation in writing or other published for (such as videotape)

Libel

13

In tort law, the ability to act contrary to another person's rights without that person's having legal redress for such acts. Maybe raised as a defense to defamation.

Privilege

14

Real and demonstrated legal intent. In a defamation suit, a statement made about a public figure normally must be made with actual malice (with either knowledge of its falsity or a reckless disregard of the truth) for liability to be incurred.

Actual Malice

15

In tort law, the use by one person on another persons name, likeness or other identifying characteristics without permission and for the benefit of the user.

Appropriation

16

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

Fraudulent Misrepresentation

17

wrongful interference with another's business rights.

Business Tort

18

Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market.

Predatory Behavior

19

the entry onto, above, or below the surface of land owned by another without the owners permission.

Trespass to land

20

the unlawful taking or harming of anthers personal property; interference with anthers right to the exclusive possession of his or her personal property.

Trespass to Personal property

21

the act of wrongfully taking or retaining a person's personal property and placing it in the service of another.

Conversion

22

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

Negligence

23

The duty of all persons, as established by tort law, to exercise reasonable care in dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, is the tort of negligence.

Duty of Care

24

the standard of behavior expected of a hypothetical "reasonable person", the standard against which negligence is measured and that must be observed to avoid liability and negligence.

Reasonable Person Standard

25

A person, such as a customer or client, who is invited onto businesses premises by the owner of those premises for business purposes.

Business Invitee

26

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

Compensatory Damages

27

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

Punitive Damages

28

Causation brought about by an act or omission without which an event would not have occurred.

Causation in Fact

29

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

Proximate Cause

30

Voluntary taking on a known risk; a defense against negligence that can be used when the plaintiff has knowledge of and appreciates a danger and voluntarily exposes himself or herself to the danger.

Assumption of Risk