Chap. 5 Flashcards
A tort feasor
Person who commits tort
Tort
Civil wrong other than a breach of contract for which the law will provide a remedy
Intentional
Tort feasor acts deliberately with the desire to harm the plaintiff
Punitive
Award designed to punish the defendant and to deter similar conduct
Battery
Direct use of force
Assault
Person intending to cause a harmful or offensive contact
False imprisonment
A person who has intentionally confines another within fixed boundaries
Defamation
Hurts personal reputation
Libel defamation
Written or printed words
Slander defamation
Spoken words
Right to privacy
Right to be left alone
Intentional
Wrongful
Publicity portraying
Trespass
Interfering with someone’s property
Nuisance
Harmful or annoying to neighboring landowners
Public nuisance
Invasion of public rights
Private nuisance
Protect against private interest in the use and enjoyment of land
Conversion
Person intentionally exercises control over someone else’s belonging
Negligence
Occurs when a person does something that a reasonable person would not
Reasonable person
Person with common knowledge
Contributory negligence
Plaintiff negligence combined with dependent negligence causes plaintiff harm
Assumption of the risk
Plaintiff voluntarily assumed the risk of harm caused by the defendants negligent conduct
Comparative fault
The negligent plaintiff is awarded damages
Public invitee
Member of public invited to stay on property
Business invitee
Person invited to enter or remain on the premise to conduct business
Attractive nuisance
Young children getting hurt
