Chapter 6

Question 1

Actionable

Answer 1

Capable of serving as the basis of a lawsuit

Question 2

Actual malice

Answer 2

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred

Question 3

Assault

Answer 3

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

Question 4

Assumption of risk

Answer 4

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assume the risk of injury from that danger

Question 5

Battery

Answer 5

The unprivileged, intentional touching of another

Question 6

Business invitee

Answer 6

Those people, such as customers or clients, who are invited into business premises by the owner of those premises for business purposes

Question 7

Causation in fact

Answer 7

An act or omission without (“but for“) with an event would not have occurred

Question 8

Comparative negligence

Answer 8

A theory and 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 bases of each person’s proportionate negligence

Question 9

Compensatory damages

Answer 9

A money award equivalent to the actual value of injury or damages sustained by the aggravated party

Question 10

Contributory negligence

Answer 10

a theory in tort law under which a complaining parties own negligence contributes to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority or jurisdiction

Question 11

Conversion

Answer 11

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

Question 12

Defamation

Answer 12

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

Question 13

Disparagement of property

Answer 13

An economically injurious false statement made about another product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title

Question 14

Dram shop act

Answer 14

A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the seller servers of alcoholic drinks contribute to the intoxication

Question 15

Duty of care

Answer 15

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

Question 16

Fraudulent misrepresentation

Answer 16

Any misrepresentation, either by misstatement or omission of material fact, knowingly made with the intention of deceiving another and on what a responsible person would and does will lie to his or her detriment

Question 17

Good Samaritan statute

Answer 17

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

Question 18

Intentional tort

Answer 18

Wrongful act knowingly committed

Question 19

Libel

Answer 19

Defamation in writing or other form (such as in digital according) having the quality of permanence

Question 20

Licensee

Answer 20

One who receives a license to use or enter onto another property

Question 21

Malpractice

Answer 21

Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence – the failure to exercise due care – on the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice

Question 22

Negligence

Answer 22

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

Question 23

Negligence per se

Answer 23

And act (or failure to act) in violation of a statutory requirement

Question 24

Privilege

Answer 24

In tort laws, the ability to act contrary to another person’s right without that person is having illegal redress for such act. Privilege may be raised as a defense to defamation

Question 25

Proximate cause

Answer 25

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

Question 26

Public figure

Answer 26

Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well known business person, and generally anybody who becomes known to the public because of his or her position or activities

Question 27

Puffery

Answer 27

A sales person exaggerated claims concerning the quality of goods offered for sale. Such claims evolve opinion rather than facts and are not considered to be legally binding promises or warranties

Question 28

Punitive damages

Answer 28

Money damages that may be awarded to a plaintive to punish the defendant and deter future similar conduct

Question 29

Reasonable person standard

Answer 29

Standard of behavior expected of a hypothetical “reasonable person” the standard against which negligence is measured and that must be observed to avoid liability for negligence

Question 30

Slander

Answer 30

Defamation in oral form

Question 31

Slander of quality

Answer 31

The publication of false information about another product alleging that it is not what it’s sellers claim

Question 32

Slander of title

Answer 32

The publication of a statement that denies or cast doubt on another’s legal ownership of any property causing financial loss to that property owner also called trade libel

Question 33

Superseding cause

Answer 33

An intervening fours or event that breaks the connection between a wrongful act and an injury to another and in negligence law a defense liability

Question 34

Tort

Answer 34

A civil wrong not arising from a breach of contract a breach of duty there proximately causes harm or another

Question 35

Tortfeasor

Answer 35

One who commits a tort

Question 36

Trade libel

Answer 36

The publication of false information about another product alleging it is not what it’s sellers claims also referred to as slander of quality

Question 37

Transferred intent

Answer 37

In addition intent can be transferred when a defendant intend to harm one individual but unintentionally harmd a second person

Question 38

Trespass to land

Answer 38

The entry onto above or below the surface of land owned by another without the owners permission or legal authorization

Question 39

Trespass to personal property

Answer 39

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