Chapter 16 Tort Law Flashcards
A civil wrong not arising from a breach of contract; a breach of a legal duty that causes harm or injury to another.
Tort
a tort committed by use of the internet
Cyber Tort
A wrongful act knowingly committed
Intentional l tort
one who commits a tort
tortfeasor
Any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable trust.
Assault
the intentional and offensive touching of another without lawful justification.
Battery
the intentional confinement or restraint of a person against his or her will.
false imprisonment
intentional, extreme, and outrageous conduct resulting in severe emotional distress to another
Intentional Infliction of emotional distress.
Capable as serving as the basis of a lawsuit. A claim that can be pursued in a lawsuit or other court action.
Actionable
anything published or publicly spoken that causes injury to anthers good name, reputation or character.
Defamation
Defamation in oral form
Slander
Defamation in writing or other published for (such as videotape)
Libel
In tort law, the ability to act contrary to another person’s rights without that person’s having legal redress for such acts. Maybe raised as a defense to defamation.
Privilege
Real and demonstrated legal intent. In a defamation suit, a statement made about a public figure normally must be made with actual malice (with either knowledge of its falsity or a reckless disregard of the truth) for liability to be incurred.
Actual Malice
In tort law, the use by one person on another persons name, likeness or other identifying characteristics without permission and for the benefit of the user.
Appropriation
Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another person and on which a reasonable person would and does rely to his or her detriment.
Fraudulent Misrepresentation
wrongful interference with another’s business rights.
Business Tort
Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market.
Predatory Behavior
the entry onto, above, or below the surface of land owned by another without the owners permission.
Trespass to land
the unlawful taking or harming of anthers personal property; interference with anthers right to the exclusive possession of his or her personal property.
Trespass to Personal property
the act of wrongfully taking or retaining a person’s personal property and placing it in the service of another.
Conversion
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
Negligence
The duty of all persons, as established by tort law, to exercise reasonable care in dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, is the tort of negligence.
Duty of Care
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 and negligence.
Reasonable Person Standard
A person, such as a customer or client, who is invited onto businesses premises by the owner of those premises for business purposes.
Business Invitee
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
Compensatory Damages
Money damages awarded to a plaintiff to punish the defendant and deter future similar conduct.
Punitive Damages
Causation brought about by an act or omission without which an event would not have occurred.
Causation in Fact
Legal Cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Proximate Cause
Voluntary taking on a known risk; a defense against negligence that can be used when the plaintiff has knowledge of and appreciates a danger and voluntarily exposes himself or herself to the danger.
Assumption of Risk
A theory in tort law under which a complaining party’s own negligence contributed to his or her injuries. An absolute bar to recovery in some jurisdictions.
Contributory Negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all persons who were guilty of negligence (including the injured party) on the basis of each persons proportionate carelessness.
Comparitive Negligence
An action or failure to act in violation of a statutory requirement.
Negligence per se
A state statute stipulating that persons who provide emergency services to others in peril-unless they do so recklessly, this causing, thus causing future harm-cannot be sued for negligence.
Good Samaritan Statute
A state statute that imposes liability on the owners of bars, 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.
Dram Shop Act
Liability regardless of fault. In tort law, strict liability may be imposed on a merchant who introduces into commerce a good that is so defective as to be unreasonably dangerous.
Strict Liability
the legal liability of manufacturers, sellers and lessors of goods to consumers, users and bystanders for injuries or damages that are caused by the goods.
Product liability
A product that is defective to the point of threatening a consumers health and safety. A product will be considered unreasonably dangerous if it is dangerous beyond the expectation of the ordinary consumer of if a less dangerous alternative was economically feasible for the manufacturer, but the manufacturer failed to produce it.
Unreasonably dangerous product
a person who buys products and services for personal or household use.
Consumer
Statutes, agency rules and judicial decisions protecting consumers of goods and services.
CONSUMER LAW
Advertising that misleads customers, either by unjustified claims concerning a products performance or by failure to disclose relevant information concerning the products composition or performance.
Deceptive Advertising
An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal.
Cease and Desist order
new advertising undertaken under a Federal Trade Commission order for the purpose of correcting earlier false claims that were made about the product.
Counter advertising
A proceeding in which a creditor legally seizes a portion of a debtors property (such as wages) that is in the possession of a third party (such as an employer)
Garnishment
