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Flashcards in Chapter 5 Deck (48):


A wrong. 3 categories: 1) intentional
2) negligence
3) strict liability


Punitive Damages

Awarded to punish the defendant to deter the defendant from similar conduct in the future, and to set an example for others. May be recovered in intentional tort or strict liability cases.


Intentional Tort

Requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries.



1) The threat of immediate harm or offensive contact or 2)any action that arouses reasonable apprehension of immediate harm.

Actual physical contact is unnecessary.



Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary.


Doctrine of Transferred Intent

When a person acts with intent to injure one person but actually injures another, the law transfers perpetrator's intent from the target to the actual victim of the act.


False Imprisonment / False Arrest

The intentional confinement or restraint of another person without authority or justification and without that person's consent


Merchant Protection Statutes / Shopkeeper's Priviledge

Allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if 1) there are reasonable grounds for suspicion, 2) suspects are detained for only a reasonable time, and 3) investigations are conducted in a reasonable manner.


Defamation of Character

False statement(s) made by one person about another. In court, the plaintiff must prove that 1) the defendant made an untrue statement of fact about the plaintiff and 2) the statement was intentionally or accidentally published to a third party.



Oral defamation of character.



A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on.


Tort of Misappropriation of the Right to Publicity

An attempt by another person to appropriate a living (and in some states dead) person's name or identityfor commercial purposes.

Plaintiff can 1) recover the unauthorized profits made by the offending party and 2) obtain an injunction against further unauthorized use of his or her name or identity.


Invasion of the Right to Privacy

Constitutes the violation of a person's right to live his life without being subjected to unwarranted and undesired publicity.


Intentional Infliction of Emotional Distress / Tort of Outrage

Says that a person whose extreme and outrageous conduct intentionally or recklessly causes sever emotional distress to another person is liable for that emotional distress.


Trespass to Land

Person interferes with owner's right to exclusive possession of land.


Trespass to Personal Property / Conversion of Personal Property

Occurs whenever one person injures another person's property or interferes with that person's enjoyment of his or her personal property.



Doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions.


Elements of Negligence (E.o.N.)

1) Duty of Care
2) Breach of Duty
3) Injury to Plaintiff
4) Causation: Causation in Fact and Proximate Cause


Duty of Care (E.o.N.)

The obligation we all owe each other not to cause any unreasonable harm or risk of harm.


Breach of Duty (E.o.N.)

Failure to exercise care or to act as a reasonable person would act.


Injury to Plaintiff (E.o.N.)

Personal injury or damage that a plaintiff suffers to his property to recover monetary damages for the defendant's negligence.


Causation (E.o.N.)

The act or process of causing. A person who commits a negligent act is not liable unless his act was the cause of the plaintiff's injuries. The two types are 1) Causation in Fact and 2) Proximate Cause


Causation in Fact (E.o.N.)

The actual cause of negligence. A person who commits a negligent act is not liable unless causation in fact can be proven.


Proximate Cause (E.o.N.)

A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his actions. (Palsgraf)


Negligent Infliction of Emotional Distress

Permits a person to recover for emotional distress caused by the defendant's negligent conduct. Plaintiff must prove that 1) a relative was killed or injured by the defendant, 2) the plaintiff suffered severe emotional distress, and 3) the plaintiff's mental distress resulted from a sensory and contemporaneous observance of the accident.


Professional Malpractice

The liability of a professional who breaches his duty of ordinary care.


Negligence Per Se

Tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care. Plaintiff must prove that 1) a statute existed, 2) the statute was enacted to prevent the type of injury suffered, and 3) the plaintiff was within a class of persons meant to be protected by the statute.


Res Ipsa Loquitur

Tort in which the presumption of negligence arises because 1) the defendant was in exclusive control of the situation and 2) the plaintiff would not have suffered injury but for someone's negligence. The burden switches to the defendant to prove that he was not negligent.


Good Samaritan

Statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.


Dram Shop Act

Statute that makes taverns and bartenders liable for injuries caused or by patrons who are served too much alcohol.


Guest Statute

Statute that provides that if a driver of a vehicle voluntarily and without compensation gives a ride to another person, the driver is not liable to the passenger for injuries caused by the driver's ordinary negligence.


Fireman's Rule

A firefighter who is injured while putting out a fire may not sue the party whose negligence caused the fire. Extended to police officers and other government workers. Basis for this rule: 1) people might not help if they might be held liable, 2) firefighters, police officers, and other such workers receive special training for their jobs, 3)these workers have special medical and retirement programs paid for by the public.


"Danger Invites Rescue" Doctrine

Doctrine that provides that a rescuer who is injured while going to someone's rescue can sue the person who caused the dangerous situation.


Social Host Liability Rule

Rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect.


Duty of Ordinary Care

The duty an owner owes an invitee or a licensee to prevent injury or harm when the invitee or licensee steps on the owner's premises.


Duty Not to Willfully or Wantonly Injure

The duty an owner owes a trespasser to prevent intentional injury or harm to the trespasser when the trespasser is on his premises.


Duty of Utmost Care

A duty of care that goes beyond ordinary care and that says common carriers and innkeepers have a responsibility to provide security to their passengers or guests.


Superseding Event

An intervening event for which a defendant is not responsible.


Assumption of the Risk

A defense that defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.

Defense assumes the plaintiff 1) had knowledge of the specific risk and 2) voluntarily assumed that risk.


Contributory Negligence

A doctrine that says a plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant.


Comparative Negligence

A doctrine under which damages are apportioned according to fault.


Unfair Competition

Competition that violates the law.


Palming Off

Unfair competition that occurs when a fair company tries to pass off one of its products as that of a rival.

Plaintiff must prove that 1) the defendant used the plaintiff's logo,symbol, mark, and so on and 2) there is a likelihood of confusion as to the source of the product.



False statements about a competitor's products, services, property, or business reputation.

Plaintiff must show that the defendant 1) made an true statement about the plaintiff's products, service, property, or business reputation, 2) published this untrue statement to a third party, 3) knew the statement was not true, and 4) made the statement maliciously.


Intentional Misrepresentation / Fraud

The intentional deception of another person out of money, property, or something else of value.

One of the most pervasive business torts.

Elements required: 1) Wrongdoer made false representation of material fact.
2)Wrongdoer had knowledge that representation was false and intended to deceive the innocent party.
3) Innocent party justifiably relied on the misrepresentation.
4) Innocent party was injured.


Intentional Interference with Contractual Relations

Tort that arises when a third party induces a contracting party to breach the contract with another party.

Elements required: 1) a valid, enforceable contract between the contracting parties.
2) Third-party knowledge of this contract.
3) Third-party inducement to breach the contract.


Covenant of Good Faith and Fair Dealing

Under this implied covenant, the parties to a contract not only are held to the express terms of the contract but also are required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract.


Strict Liability

Liability without fault.

This doctrine holds that 1) certain activities can place the public at risk of injury even if reasonable care is taken, and 2) the public should have some means of compensation if such injury occurs. Abnormally dangerous activities