CH 4 - Torts and Cyber Torts Flashcards

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0
Q

CYBER TORT

A

A tort committed in the cyberspace

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1
Q

TORT

A

Civil wrong against property/ person

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2
Q

ASSAULT

A

Creation of apprehension of an immediate offensive touching (You have to be aware!!!)

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3
Q

BATTERY

A

Any offensive touching

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4
Q

FALSE IMPRISIONMENT

A

Restricting free movement

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5
Q

DEFAMATION

A

Lie told to a third person about someone that hurts their reputation within a significant part of society

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6
Q

LIBEL

A

Written defamation

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7
Q

SLANDER

A

Defamation in oral form

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8
Q

INTRUSION

A

Violation of secret life

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9
Q

PUBLIC DISCLOSURE OF PRIVATE FACTS

A

Disclosure of private facts about an individual

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10
Q

APPROPRIATION OR RIGHT OF PUBLICITY

A

Use a name w/o consent for profit

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11
Q

FRAUD

A

Misrepresentation of a material fact leading to reasonable reliance and harm

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12
Q

PUFFERY

A

Sales talk

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13
Q

TRESPASS

A

Entering/ remaining another’s property w/o consent

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14
Q

TRESPASS TO PERSONAL PROPERTY

A

Temporary Deprivation w/o consent

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15
Q

CONVERSION

A

Extreme abuse/ misuse

16
Q

DISPARAGEMENT

A
Defamation of: 
- Business
- Income
- Assets
Leading to a harm
17
Q

NEGLIGENCE

A

Failure to uphold a reasonable standard of care

18
Q

MALPRACTICE

A

Professional negligence

19
Q

PROXIMATE CAUSE

A

Legal cause when an act and an injury justify liability

The danger of ________ is that ________

20
Q

ASSUMPTION OF RISK

A

Knowingly exposing self to an obvious risk

21
Q

CONTRIBUTORY NEGLIGENCE

A

Plaintiff recover nothing if at fault

22
Q

COMPARATIVE NEGLIGENCE

A

Plaintiff recover in proportion if partially at fault

23
Q

RES IPSA LOQUITUR

A

Obvious negligence

24
Q

DRAM SHOP

A

Any regular liquor seller may be liable for subsequent harms caused by an intoxicated patron

25
Q

RESPONDEAT SUPERIOR

A

Employer will be liable for on-duty harms of employees

26
Q

STRICT LIABILITY

A

Automatic liability