Chapter 6 Flashcards
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
“public nuisance is a crime as well as a tort”
tort
What’s the difference between damage and damages
Damage refers to harm or injury to persons or property, damages refers to monetary compensation for such harm or injury.
Damages that reimburse for actual osses
compensatory damages
What’s the difference between special damages and general damages (both compensatory damages)
Special damages are quantifiable losses where general damages are non monetary, such as pain and suffering.
damages meant to punish the wrongdoer and deter others from similar wrongdoings.
punitive damages
Any intentional unexcused threat of immediate harmful or offensive contact
assault
Unexcused and harmful or offensive physical contact intentionally performed
battery
involves wrongfully hurting a person’s good reputation.
Defamation
What are the two types of defamation and how are they different
Libel is a permanent form of defamation such as writing where slander is verbal defamation
A statement made with clear knowledge of it’s falsity or a reckless disregard for the truth.
Actual Malice
Someone who invited or allowed on the property of another for their benefit
Licensee
Any act that deprives an owner of personal property or of the use of that property without the owners permission and without just cause
Conversion
Occurs when someone suffers injury because of another’s failure to live up to a required duty of care
Negligence
The understanding that people can act as they wish as long as it doesn’t infringe on another’s rights
duty of care