Chapter 7- Business Torts and Product Liability Flashcards

1
Q

Intentional Torts

A

Voluntary civil wrong causing harm to a protected interest

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2
Q

Injurious Falsehood

A

False statements made with malice that disparages the property of another

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3
Q

Neglegence

A
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4
Q

Negligence

A

Intent was absent, individual carelessness lead to injury

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5
Q

Strict Liability

A

Individual is responsible for harm without proof of carelessness

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6
Q

Battery

A

Intentional, unwanted or harmful physical touching

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7
Q

Assault

A

Force that an individual believes they are about to receive Battery

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8
Q

False Imprisonment

A

Tort of intentionally restricting the freedom of movement of another

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9
Q

Deceit

A

Tort involving intentional misrepresentation to deceive or trick another

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10
Q

Defamation

A

When spoken is slander
When is print is Libel

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11
Q

Malice

A

Knowledge of the falsehood or reckless discharge for the truth

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12
Q

Absolute Privilege

A

Entirely excused from liability for defamatory statements because of circumstance

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13
Q

Qualified Privilege

A

Excused unless by malaise

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14
Q

Misappropriation

A

Name used without permission for commercial purposes

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15
Q

Intrusion

A

Wrongful entry or pry of another

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16
Q

Real Property

A

Land, building and things permanently attached to land or buildings

17
Q

Conversion

A

Wrongfully exercising control over the personal property of another

18
Q

Slander Per Se

A

Category or oral defamation not requiring proof of actual harm to recover

18
Q

Injurious Falsehood

A

Trade Libel, Defmatation of property

18
Q

Qualified Privilege

A

Excused unless by malaise

19
Q

Nuisance

A

Enjoyment of ones land is impaired

20
Q

Slander Per Se

A

Category or oral defamation not requiring proof of actual harm to recover

20
Q

Qualified Privilege

A

Excused unless by malaise

21
Q

Reasonable Person

A

Prudently, Sensibly and Responses

21
Proximate Cause
Production of an injury that would not have resulted in the absence of those occurrences
22
Res Ipsa Loquitur
The thing speaks for itself
23
Comparative Negligence
Weighing the relative negligence of the parties
24
Contributory Negligence
Contribution to an individual harm, unable to recover
25
Magnuson Moss Warranty Act
Extended and clarified the UCC warranty rules