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Flashcards in Vocab 4 Deck (43)
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1
Q

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

A

Tort

2
Q

A monetary award sought as a remedy for a breach of contract or a tortious action.

A

Damages

3
Q

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

A

Compensatory Damages

4
Q

In a tort case, an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future).

A

Special Damages

5
Q

In a tort case, an amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering. Not available to companies.

A

General Damages

6
Q

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

A

Punitive Damages

7
Q

A reason offered by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.

A

Defense

8
Q

A wrongful act knowingly committed.

A

Intentional Tort

9
Q

One of commits a tort.

A

Tortfeasor

10
Q

A legal principal under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort.

A

Transferred Intent

11
Q

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

A

Assault

12
Q

Physical contact with anther that is unexcused, harmful or offensive, and intentionally performed.

A

Battery

13
Q

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

A

Actionable

14
Q

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character.

A

Defamation

15
Q

Defamation in writing or another permanent form (such as digital recording).

A

Libel

16
Q

Defamation in oral form.

A

Slander

17
Q

A special right, or immunity that enables a person or a class of persons to avoid liability for defamation.

A

Privilege

18
Q

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Required to establish defamation against public figures.

A

Actual Malice

19
Q

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.

A

Appropriation

20
Q

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

A

Fraudulent Misreprsentation

21
Q

A salesperson’s exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties.

A

Puffery

22
Q

Wrongful interference with another’s business rights and relationships.

A

Business Tort

23
Q

Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.

A

Trespass to Land

24
Q

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property.

A

Trespass to Personal Property

25
Q

Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another.

A

Conversion

26
Q

An economically injurious falsehood about another’s product or property.

A

Disparagement of Property

27
Q

The publication of false information about another’s product, alleging that it is not what the seller claims.

A

Slander of Quality (Trade Libel)

28
Q

The publication of a statement that denies or casts doubt on another’s legal ownership of property, causing financial loss to that property’s owner.

A

Slander of Title

29
Q

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

A

Negligence

30
Q

The duty of all persons, 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.

A

Duty of Care

31
Q

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

A

Reasonable Person Standard

32
Q

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

A

Business Invitee

33
Q

Professional misconduct or the lack of the requisite degree of skill as a professional. Negligence on the part of a professional, such as a physician, is commonly referred to as this.

A

Malpractice

34
Q

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

A

Causation in Fact

35
Q

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

A

Proximate Cause

36
Q

A defense to negligence that bars a plaintiff from recovering for injuries or damage suffered as a result of risks he or she knew of and voluntarily assumed.

A

Assumption of Risk

37
Q

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff’s own fault.

A

Contributory Negligence

38
Q

A rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely.

A

Comparative Negligence

39
Q

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. Literally, the term means “the facts speak for themselves.”

A

Res Ipsa Loquitur

40
Q

An action or failure to act in violation of a statutory requirement.

A

Negligence Per Se

41
Q

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly and cause further harm.

A

Good Samaritan Statute

42
Q

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 sellers or servers of alcoholic drinks contributed to the intoxication.

A

Dram Shop Act

43
Q

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods.

A

Strict Liability