CH 4 - Torts and Cyber Torts Flashcards
CYBER TORT
A tort committed in the cyberspace
TORT
Civil wrong against property/ person
ASSAULT
Creation of apprehension of an immediate offensive touching (You have to be aware!!!)
BATTERY
Any offensive touching
FALSE IMPRISIONMENT
Restricting free movement
DEFAMATION
Lie told to a third person about someone that hurts their reputation within a significant part of society
LIBEL
Written defamation
SLANDER
Defamation in oral form
INTRUSION
Violation of secret life
PUBLIC DISCLOSURE OF PRIVATE FACTS
Disclosure of private facts about an individual
APPROPRIATION OR RIGHT OF PUBLICITY
Use a name w/o consent for profit
FRAUD
Misrepresentation of a material fact leading to reasonable reliance and harm
PUFFERY
Sales talk
TRESPASS
Entering/ remaining another’s property w/o consent
TRESPASS TO PERSONAL PROPERTY
Temporary Deprivation w/o consent
CONVERSION
Extreme abuse/ misuse
DISPARAGEMENT
Defamation of: - Business - Income - Assets Leading to a harm
NEGLIGENCE
Failure to uphold a reasonable standard of care
MALPRACTICE
Professional negligence
PROXIMATE CAUSE
Legal cause when an act and an injury justify liability
The danger of ________ is that ________
ASSUMPTION OF RISK
Knowingly exposing self to an obvious risk
CONTRIBUTORY NEGLIGENCE
Plaintiff recover nothing if at fault
COMPARATIVE NEGLIGENCE
Plaintiff recover in proportion if partially at fault
RES IPSA LOQUITUR
Obvious negligence
DRAM SHOP
Any regular liquor seller may be liable for subsequent harms caused by an intoxicated patron
RESPONDEAT SUPERIOR
Employer will be liable for on-duty harms of employees
STRICT LIABILITY
Automatic liability