CH 02 Vocab

Question 1

Tort

Answer 1

activities that either intentionally or unintentionally cause injury to other or their properties where the person causing the injury has no legal right to cause the injury

Question 2

Assault

Answer 2

A threat of violence or injury to a person

Question 3

Battery

Answer 3

The unlawful touching or striking of another person

Question 4

False imprisonment

Answer 4

occurs where a person is restrained or confined without consent by another person who has no lawful right to do so.

Question 5

Defamation

Answer 5

Intentional interference with a person’s reputation through publication of false statements

Question 6

Slander

Answer 6

Verbal defamation

Question 7

Libel

Answer 7

defamation i some permanent form such as writing, a cartoon, etc

Question 8

Trespass

Answer 8

the injury of a person the entry on the lands of another without permission or the seizure or damage of goods of another without consent.

Question 9

Nuisance

Answer 9

Interference with the enjoyment of real property or in some cases, material interference with person’s physical comfort

Question 10

Injunction

Answer 10

An equitable remedy of the court that orders the person or persons named therein to refrain from doing certain acts

Question 11

Negligence

Answer 11

arises where a person unintentionally insures someone or cause damage to his or her property where the person accusing the injury or damage has no lawful right to do so.

Question 12

Duty of Care

Answer 12

the duty not to injure another person

Question 13

Reasonable person test

Answer 13

a standard of care used to measure acts of negligence

Question 14

Causation

Answer 14

A breach of duty that is directly responsible for a loss or injury

Question 15

Proximate cause

Answer 15

a cause of injury directly related to an act of a defendant.

Question 16

Forseeability Test

Answer 16

whether a reasonable person would atricipate the consquences of his or her actions

Question 17

Contributaroy negligence

Answer 17

The neglence of an injured party that is partially responsible for the injury suffered.

Question 18

Trespasser

Answer 18

person entereing land without the right to do so

Question 19

Licesnsee

Answer 19

Person entering land with intermission for his or her own benefit

Question 20

Invitee

Answer 20

A person who enters upon the lands of another by invitation usually for the benefit of the person in possession of the land

Question 21

Occupier

Answer 21

Person in possession of particular lands

Question 22

Vicarious Liability

Answer 22

The liability at law of one person for the acts of another

Question 23

Strict Liability

Answer 23

Responsibility for loss regardless of the circumstances

Question 24

Act of God

Answer 24

An unanticipated event that prevents the performance of a contract or causes damage to property

Question 25

Waiver

Answer 25

an implied renunciation of a right; a promise by a person not to sue another person in the event that injury or loss should occur due to the other person’s actions

Question 26

Release

Answer 26

A promise not to sue or press a claim, or a discharge of a person from any further responsibility to act; A person who is injured by the tort of another may release the party who caused the injury from all liability; usually done where the party who caused the injury has paid

Question 27

Money Damages

Answer 27

Financial payment equivalent to loss suffered; ie: $10,000 + lawyer fees

Question 28

Punitive/exemplary damages

Answer 28

Damages awarded to “set an example” or discourage repetition of the act

Question 29

Slander of goods

Answer 29

Untrue statement as to the nature of goods; Making false statements that a competitors goods are defective or harmful

Question 30

Slander of title

Answer 30

Untrue statement with respect to ownership of goods;

Question 31

Fraudulent misrepresentation

Answer 31

False statements inducing another into contract

Question 32

Fraudulent conversion of goods

Answer 32

Acquisition or retention of goods under false pretenses