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Flashcards in Torts Terms Deck (36):
1

res ipsa loquitor

a doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. translates to "the facts speak for themselves"

2

actionable

capable of serving as the basis of a lawsuit

3

actual malice

deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true

4

appropriation

In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user

5

assault

any word or action intended to make another person fearful of immediate physical harm

6

assumption of risk

a doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

7

battery

the unprivileged, intentional touching of anotehr

8

business invitee

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

9

business tort

wrongful interference with another's business rights

10

causation in fact

an act or omission without which an event would not have occurred

11

comparative negligence

a rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely

12

compensatory damages

a monetary award equivalent to the actual value of injuries or damage sustained if the damage suffered is partly the plaintiff's own fault

13

conversion

wrongfully taking or retaining possession of an individuals's personal property and placing it in the service of anotehr

14

damages

money sought as a remedy for a breach of contract or a tortious action

15

defamation

anything published or publicly spoken that causes injury to another's good name, reputation or character

16

defense

a reason offered and alleged by a defendant in an action or suit as to why the plaintiff should not recover or establish what he or she seeks

17

disparagement of property

an economically injurious falsehood made about another's product or property; a general term for torts that are more specifically referred to as slander

18

duty of care

the duty of all person, as established by 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, constitutes the tort of negligence

19

fraudulent misrepresentation

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

20

intentional tort

a wrongful act knowingly committed

21

libel

defamation in writing or other form having the quality of permanence

22

malpractice

Professional misconduct or the lack of the requisite degree of skill as a professional

23

negligence

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

24

negligence per se

an action or failure to act in violation of a statutory requirement

25

proximate cause

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

26

puffery

a salesperson's exaggereated claims concerning the quality of property offered for sale. Claims involve opinions rather than facts and are not considered to be legally binding promises or warranties

27

punitive damages

monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct

28

reasonable person standard

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 for negligence

29

slander

Defamation in oral form

30

slander of quality

the publication of false information about another's product

31

slander of title

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

32

strict liability

liability regardless of fault. in tort law, strict liability is imposed on a manufacturer or seller that introduces into commerce a good that is unreasonably dangerous when in a defective condition

33

tort

a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm to another

34

tortfeasor

one who commits a tort

35

trespass to land

the entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization

36

trespass to personal property

the unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property