Chapter 16 Tort Law

Question 1

A civil wrong not arising from a breach of contract; a breach of a legal duty that causes harm or injury to another.

Answer 1

Tort

Question 2

a tort committed by use of the internet

Answer 2

Cyber Tort

Question 3

A wrongful act knowingly committed

Answer 3

Intentional l tort

Question 4

one who commits a tort

Answer 4

tortfeasor

Question 5

Any word or action intended to make another person apprehensive or fearful of immediate physical harm; a reasonably believable trust.

Answer 5

Assault

Question 6

the intentional and offensive touching of another without lawful justification.

Answer 6

Battery

Question 7

the intentional confinement or restraint of a person against his or her will.

Answer 7

false imprisonment

Question 8

intentional, extreme, and outrageous conduct resulting in severe emotional distress to another

Answer 8

Intentional Infliction of emotional distress.

Question 9

Capable as serving as the basis of a lawsuit. A claim that can be pursued in a lawsuit or other court action.

Answer 9

Actionable

Question 10

anything published or publicly spoken that causes injury to anthers good name, reputation or character.

Answer 10

Defamation

Question 11

Defamation in oral form

Answer 11

Slander

Question 12

Defamation in writing or other published for (such as videotape)

Answer 12

Libel

Question 13

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.

Answer 13

Privilege

Question 14

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.

Answer 14

Actual Malice

Question 15

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.

Answer 15

Appropriation

Question 16

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.

Answer 16

Fraudulent Misrepresentation

Question 17

wrongful interference with another’s business rights.

Answer 17

Business Tort

Question 18

Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market.

Answer 18

Predatory Behavior

Question 19

the entry onto, above, or below the surface of land owned by another without the owners permission.

Answer 19

Trespass to land

Question 20

the unlawful taking or harming of anthers personal property; interference with anthers right to the exclusive possession of his or her personal property.

Answer 20

Trespass to Personal property

Question 21

the act of wrongfully taking or retaining a person’s personal property and placing it in the service of another.

Answer 21

Conversion

Question 22

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

Answer 22

Negligence

Question 23

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.

Answer 23

Duty of Care

Question 24

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.

Answer 24

Reasonable Person Standard

Question 25

A person, such as a customer or client, who is invited onto businesses premises by the owner of those premises for business purposes.

Answer 25

Business Invitee

Question 26

A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

Answer 26

Compensatory Damages

Question 27

Money damages awarded to a plaintiff to punish the defendant and deter future similar conduct.

Answer 27

Punitive Damages

Question 28

Causation brought about by an act or omission without which an event would not have occurred.

Answer 28

Causation in Fact

Question 29

Legal Cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

Answer 29

Proximate Cause

Question 30

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.

Answer 30

Assumption of Risk

Question 31

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.

Answer 31

Contributory Negligence

Question 32

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.

Answer 32

Comparitive Negligence

Question 33

An action or failure to act in violation of a statutory requirement.

Answer 33

Negligence per se

Question 34

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.

Answer 34

Good Samaritan Statute

Question 35

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.

Answer 35

Dram Shop Act

Question 36

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.

Answer 36

Strict Liability

Question 37

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.

Answer 37

Product liability

Question 38

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.

Answer 38

Unreasonably dangerous product

Question 39

a person who buys products and services for personal or household use.

Answer 39

Consumer

Question 40

Statutes, agency rules and judicial decisions protecting consumers of goods and services.

Answer 40

CONSUMER LAW

Question 41

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.

Answer 41

Deceptive Advertising

Question 42

An administrative or judicial order prohibiting a person or business firm from conducting activities that an agency or court has deemed illegal.

Answer 42

Cease and Desist order

Question 43

new advertising undertaken under a Federal Trade Commission order for the purpose of correcting earlier false claims that were made about the product.

Answer 43

Counter advertising

Question 44

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)

Answer 44

Garnishment