Business Law 301 Test 2

Front 1

Tort

Back 1

-means "twisted"
-translates into twisted or wrong actions
-civil wrong against persons or property
-a breach of a legal duty owed to another that causes harm or injury

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Tortfeasor

Back 2

a person who commits a tort

Front 3

Tort law

Back 3

-primarily governed by state common law
-designed to compensate those who have a loss or injury due to another party's wrongful act

Front 4

Tort-
Types of victims

Back 4

-Person (e.g. assault, battery)
-Property (e.g. trespass, conversion)

Front 5

Tort-
Types of wrongs

Back 5

-Intentional
-Negligence
-Strict liability
-Product liability

Front 6

Intentional torts

Back 6

wrongs resulting from deliberate actions of the defendant

Front 7

Negligence torts

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occur when the defendant's actions were unreasonably careless or unsafe

Front 8

Strict liability torts (liability without foul)

Back 8

do not depend on the degree of carefulness or fault of the defendant, but are established when a particular action causes damage

Front 9

Product liability torts

Back 9

arise from manufacturing or selling defective products

Front 10

res ipsa loquitur

Back 10

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

Front 11

actionable

Back 11

capable of serving as the basis of a lawsuit

Front 12

actual malice

Back 12

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 statementt made about a public figure normally must be made with actual malice for liability to be incurred

Front 13

appropriation

Back 13

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

Front 14

assault

Back 14

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

Front 15

assumption of risk

Back 15

a defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger

Front 16

battery

Back 16

the unprivileged, intentional touching of another

Front 17

business invitees

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

Front 18

business tort

Back 18

the wrongful interference with the business rights of another

Front 19

causation in fact

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an act or omission without (but for) which an event would not have occured

Front 20

comparative negligence

Back 20

a theory in 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 basis of each person's proportionate negligence

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compensatory damages

Back 21

a monetary award equivalent to the actual value of injuries or damages sustained by the aggrieved party

Front 22

contributory negligence

Back 22

a theory in tort law under which a complaining party's own negligence contributed to or cause his or her injuries. contributory negligence is an absolute bar to recovery in a minority of jurisdictions

Front 23

conversion

Back 23

the wrongful taking, using, or retaining possession of personal property that belongs to another

Front 24

cyber tort

Back 24

a tort committed in cyberspace

Front 25

defamation

Back 25

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

Front 26

disparagement of property

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

Front 27

dram shop act

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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

Front 28

duty of care

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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

Front 29

fraudulent misrepresentation

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

Front 30

Good Samaritan statute

Back 30

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

Front 31

intentional tort

Back 31

a wrongful act knowingly committed

Front 32

libel

Back 32

defamation in writing or other form (such as in a videotape) having the quality of permanence

Front 33

malpractice

Back 33

professional misconduct or the failure to exercise the requisite degree of skill as a professional

Front 34

negligence

Back 34

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

Front 35

negligence per se

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

Front 36

privilege

Back 36

in tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. privilege may be raised as a defense to defamation

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proximate cause

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

Front 38

punitive damages

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

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reasonable person standard

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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

Front 40

slander

Back 40

defamation in oral form

Front 41

slander of quality

Back 41

the publication of false information about another's product, alleging that it is not what its seller claims

Front 42

slander of title

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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

Front 43

spam

Back 43

bulk, unsolicited (junk) email

Front 44

tort

Back 44

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

Front 45

tortfeasor

Back 45

one who commits a tort

Front 46

trade libel

Back 46

the publication of false information about another's product, alleging that it is not what its seller claims

Front 47

trespass to land

Back 47

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

Front 48

trespass to personal property

Back 48

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