Chapter 6 Flashcards

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1
Q

tort

A

civil wrong that is not a breach of
contract

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2
Q

Tortfeasor

A

the person who commits the tort

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3
Q

Torts have four types of wrongfulness

A

Intentional, reckless, Negligent, Strict Liability

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4
Q

Punitive damages

A

Damages designed to punish and make an example of the defendant.

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5
Q

Assault

A

Intentional attempt or threat to cause a harmful or offensive contact with another person

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6
Q

Contributory negligence

A

the plaintiff’s failure to exercise reasonable care for his/her own safety

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7
Q

If someone is even 15% negligent in contributory damages

A

they will receive 0 dollars

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8
Q

Comparative negligence

A

Explain how the blame and costs for an accident will be divided between the people involved when someone gets hurt or something is damaged.

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9
Q

Contract

A

a legally enforceable promise or set of promises

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10
Q

Express contract

A

agreement of parties manifested by words written or oral

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11
Q

Implied contract

A

Agreement does not show by words, but by acts and conduct of parties

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12
Q

Valid contract

A

binding and enforceable agreement

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13
Q

Voidable contract

A

agreement otherwise binding, but due to circumstances surrounding execution or lack of capacity, may be reject at option of one party

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14
Q

Void contract

A

agreement that is not legally enforceable

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15
Q

Most courts allow recovery for emotional
distress

A

even if no other tort is proven

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16
Q

Defamation

A

unprivileged, publication of false and defamatory statements concerning another person that brings them into public disrepute

17
Q

Slander

A

Oral defamation

18
Q

Truth and Privilege is defense in

A

Defamation case