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Managers & the Legal Environment > Chapter 9 Torts and Privacy Invasion > Flashcards

Chapter 9 Torts and Privacy Invasion Flashcards

1
Q

absolute privilege

A

In defamation cases, the right of the defendant to publish with impunity a statement known by the defendant to be false.

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2
Q

actual cause

A

Proof that but for the defendant’s negligent conduct the plaintiff would not have been harmed.

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3
Q

actual damages

A

The amount required to repair or to replace an item or the decrease in market value caused by tortious conduct. Actual damages restore the injured party to the position it was in prior to the injury. Also called compensatory damages.

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4
Q

actual intent

A

The subjective desire to cause the consequences of an act, or the belief that the consequences are substantially certain to result from it.

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5
Q

actual malice

A

A statement made with the knowledge that it is false or with a reckless disregard for the truth.

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6
Q

aided-in-the-agency dotrine

A

An agency principle whereby the principal may be held vicariously liable for the wrongful acts of an agent acting outside of the scope of authority because the principal provided the instrumentality or created the circumstances that made it possible for the agent to commit the wrongful act.

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7
Q

appropriation of a person’s name or likeness

A

Unauthorized use of a person’s name or likeness for financial gain.

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8
Q

assault

A

An intent to create a well-grounded apprehension of an immediate harmful or offensive contact. Generally, assault also requires some act (such as a threatening gesture) and the ability to follow through immediately with the battery.

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9
Q

assumption of risk

A

The expressed or implied consent by plaintiff to defendant to take the chance of injury from a known and appreciated risk.

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10
Q

attractive nuisance

A

Artificial conditions on land for which an owner is liable for physical injury to child trespassers if (1) the owner knew or should have known that children were likely to trespass; (2) the condition is one the owner would reasonably know involved an unreasonable risk of injury to such children; (3) the children, because of their youth, did not discover the condition or realize the risk involved; (4) the utility to the owner of maintaining the condition is not great; (5) the burden of eliminating the risk is slight compared with the magnitude of the risk to the children; and (6) the owner fails to exercise reasonable care to protect the children.

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11
Q

bad faith

A

A breach of the duty to act in good faith.

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12
Q

battery

A

The intentional, non-consensual harmful or offensive contact with an individual’s body or with those things in contact with or closely connected with it.

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13
Q

comparative negligence

A

The doctrine by which courts decide amount of award to be given a plaintiff based on the amount (percentage) of negligence plaintiff demonstrated when injured by defendant.

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14
Q

compensatory damages

A

In an action for breach of contract, the amount necessary to make up for the economic loss caused by the breach.

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15
Q

contribution

A

The doctrine that provides for the distribution of loss among several defendants by requiring each to pay its proportionate share to one who has discharged the joint liability of the group.

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16
Q

contributory negligence

A

Plaintiff was negligent in some manner when injured by defendant.

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17
Q

conversion

A

The exercise of dominion and control over the personal property, rather than the real property (land), of another. Term includes any unauthorized act that deprives an owner of his or her personal property permanently or for an indefinite time.

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18
Q

cookies

A

Bits of code sent by websites that identify the user to the site at a future visit.

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19
Q

deceit

A

Requires the proof of several elements, including knowledge by the seller that the misrepresentation is false.

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20
Q

defamation

A

The intentional communication to a third party of an untrue statement of fact that injures the plaintiff’s reputation or good name by exposing the plaintiff to hatred, ridicule, or contempt.

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21
Q

disparagement

A

Untrue statements derogatory to the quality or ownership of a plaintiff’s goods or services, that the defendant knows are false, or to the truth of which the defendant is consciously indifferent.

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22
Q

Disposal Rule

A

This regulation applies to individuals and organizations of any size that obtain information from consumer reporting agencies. These recipients are required to take reasonable measures to protect against unauthorized access to or use of sensitive consumer information (such as names, addresses, and Social Security numbers) in connection with its disposal.

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23
Q

economic loss rule

A

A common law doctrine that bars a plaintiff who is in privity of contract with the defendant or who has entered into
a commercial transaction involving the defendant from bringing a lawsuit for negligence based solely on economic losses.

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24
Q

equitable relief

A

An injunction issued by the court to prohibit a defendant from continuing in a certain course of activity or to require a defendant to perform a certain activity.

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25
Q

exemplary damages

A

Damages awarded to a plaintiff over and above what will fairly compensate it for its loss. They are intended to punish the defendant and deter others from engaging in similar conduct. Also called punitive damages.

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26
Q

false imprisonment

A

The confinement of an individual without that individual’s consent and without lawful authority.

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27
Q

fiduciary duty

A

The obligation of a trustee or other fiduciary to act for the benefit of the other party.

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28
Q

foreseeable

A

A condition that a reasonable person could have

anticipated would result from his or her actions.

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29
Q

fraud

A

Any intentional deception that has the purpose of inducing another in reliance upon the deception to part with some property or money. Fraud may involve false representations of fact, whether by words or conduct; false allegations; omission (especially by fiduciary); or concealment of something that should have been disclosed.

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30
Q

fraudulent misrepresentation

A

Deceit; intentionally misleading by making material misrepresentations of fact that the plaintiff relied on that cause injury to the plaintiff.

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31
Q

identity theft

A

Taking an individual’s information (such as Social Security number and mother’s maiden name) and using that information to fraudulently obtain credit or commit other financial crimes.

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32
Q

indemnification

A

The doctrine that allows a defendant to recover its individual loss from a co-defendant whose relative blame is greater or who has contractually agreed to assume liability.

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33
Q

injunction

A

A remedy granted by the court that requires defendant to

perform or cease from performing some activity.

34
Q

injurious flasehood

A

False statements knowingly made that lead to economic loss for a plaintiff.

35
Q

intent

A

The actual, subjective desire to cause the consequences of an act, or the belief that the consequences are substantially certain to result from it.

36
Q

intentional infliction of emotional distress

A

Outrageous conduct by the individual inflicting the distress; intention to cause, or reckless disregard of the probability of causing, emotional distress; severe emotional suffering; and actual and proximate (or legal) causation of the emotional distress.

37
Q

interference with contractual relations

A

A defendant intentionally induces another to breach a contract with a plaintiff.

38
Q

interference with prospective business advantage

A

Intentional interference by the defendant with a business relationship the plaintiff seeks to develop, which interference causes loss to the plaintiff.

39
Q

intrusion

A

Objectionable prying, such as eavesdropping or unauthorized rifling through files. It includes the act of wrongfully entering upon or taking possession of property of another.

40
Q

invasion of privacy

A

Prying or intrusion that would be objectionable or offensive to a reasonable person, including eavesdropping, rifling through files one has no authorization to see, public disclosure of private facts, or unauthorized use of an individual’s picture in an advertisement or article with which that person has no connection.

41
Q

invitee

A

A business visitor who enters premises for the purposes of the possessor’s business.

42
Q

joint and several liability

A

In a case in which the court determines that multiple defendants are at fault; the doctrine whereby a plaintiff may collect the entire judgment from any single defendant, regardless of the degree of that defendant’s fault.

43
Q

legal duty

A

The requirement to act reasonably under the circumstances to avoid harming another person.

44
Q

libel

A

A written communication to a third party by a defendant of an untrue statement of fact that injures a plaintiff’s reputation.

45
Q

licensee

A

Anyone who is privileged to enter upon land of another because the possessor has given expressed or implied consent.

46
Q

malicious defense

A

A tort committed when a defendant creates false material evidence and gives false testimony advancing the evidence.

47
Q

malicious prosecution

A

A plaintiff can successfully sue for the tort of malicious prosecution if he or she shows that a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis.

48
Q

malpractice

A

A claim of professional negligence.

49
Q

negligence

A

A breach of the requirement that a person act with the care a reasonable person would use in the same circumstances.

50
Q

negligence per se

A

Violation of a statute that shifts the burden to the defendant to prove the defendant was not negligent once the plaintiff
shows that the defendant violated a statute and the violation caused an injury.

51
Q

negligent hiring

A

An employer is negligent if the employer hires an employee who endangers the health and safety of other employees.

52
Q

negligent infliction of emotional distress

A

A tort committed when the defendant negligently inflicts emotional distress that causes the plaintiff some form of physical injury.

53
Q

nuisance

A

A thing or activity that unreasonably and substantially interferes with an owner’s use and enjoyment of owner’s property.

54
Q

ordinary comparative negligence

A

In an ordinary comparative negligence jurisdiction, the plaintiff may recover only if it is less culpable than the defendant.

55
Q

participation in a breach of fiduciary duty

A

A tort committed when the defendant induces another party to breach its fiduciary duty to the plaintiff.

56
Q

phishing

A

Process by which individuals attempt to obtain personal information, including credit card numbers, using fake e-mails or websites that appear to come from a legitimate company.

57
Q

private nuisance

A

Interference with a person’s use and enjoyment of his or her land and water.

58
Q

proximate cause

A

A reasonably foreseeable consequence of the defendant’s negligence, without which no injury would have occurred.

59
Q

public disclosure of private facts

A

The publication of a private
fact that is not newsworthy. The matter must be private, such that a reasonable person would find publication objectionable. Unlike in a defamation case, truth is not a defense.

60
Q

public figures

A

Individuals, who, by reason of their achievements or the vigor and success with which they seek the public’s attention, are injected into the public eye.

61
Q

public officials

A

Include legislators, judges, and police officers.

62
Q

public nuisance

A

Unreasonable and substantial interference with the public health, safety, peace, comfort, convenience, or utilization
of land.

63
Q

publication

A

Communication to a third party.

64
Q

punitive damages

A

Damages awarded to a plaintiff over and above what will fairly compensate it for its loss. They are intended to punish the defendant and deter others from engaging in similar conduct. Also called exemplary damages.

65
Q

pure comparative negligence

A

A tort system in which the plaintiff may recover for the part of the injury due to the defendant’s negligence, even if the plaintiff was the more negligent party.

66
Q

reasonable care under the circumstnaces

A

A standard requiring landowners to act in a reasonable manner with respect to entrants on their land, with liability hinging on the foreseeability of harm.

67
Q

res ipsa loquitur

A

(the thing speaks for itself) The doctrine that allows a plaintiff to prove breach and causation indirectly.

68
Q

respondeat superior

A

(let the master answer) The doctrine under which an employer may be held vicariously or secondarily liable for the negligent or intentional conduct of the employee that is committed in the scope of the employee’s employment.

69
Q

Safeguard Rule

A

Requires financial services firms to protect consumer privacy by (1) promulgating a written information security plan, (2) designating at least one employee to coordinate the plan, (3) identifying and assessing the risks to customer financial information, and (4) evaluating the safeguards for controlling
these risks.

70
Q

self-publication

A

A doctrine giving an employee a claim for defamation when the employer makes a false assertion in firing an employee, which the employer could reasonably expect the employee to repeat to a prospective employer.

71
Q

slander

A

A spoken communication to a third party by a defendant of an untrue statement of fact that injures a plaintiff’s reputation.

72
Q

slander per se

A

Words that are slanderous in and of themselves. Only statements that a person has committed a serious crime, has a loathsome disease, is guilty of sexual misconduct, or is not fit to conduct business are slanderous per se.

73
Q

strict liability

A

Liability without fault. The concept that sellers are liable for all defective products. Also imposed for abnormally dangerous (or ultrahazardous) activities and toxic torts.

74
Q

substantial-factor test

A

An actual-cause test whereby the plaintiff or prosecutor seeks to hold liable multiple defendants, including any person who played a substantial role in causing the harm or violation.

75
Q

successor liability

A

Individuals or entities who acquire an interest in a business or in real property may be held liable for personal injury and property or environmental damage resulting from acts (including sale of products) of the predecessor entity or previous owner.

76
Q

tort

A

A civil wrong causing injury to a person, his or her property, or certain economic relationships.

77
Q

trespass to chattels

A

When personal property is interfered with but not taken, destroyed, or substantially altered (i.e., not converted), there is a trespass to chattels. Also called trespass to personal property.

78
Q

trespass to land

A

The intentional invasion of real property (below the surface or in the airspace above) without consent of the owner.

79
Q

trespass to personal property

A

When personal property is interfered with but not taken, destroyed, or substantially altered (i.e., not converted), there is said to be a trespass to personal property. Also called trespass to chattels.

80
Q

ultrahazardous

A

Under tort law, an activity of a defendant is deemed ultrahazardous when it (1) necessarily involves a risk of serious harm to persons or property that cannot be eliminated by the exercise of utmost care and (2) is not a matter of common usage. Also called abnormally dangerous.

81
Q

zone of danger

A

The area in which an individual is physically close enough to a victim of an accident as to also be in personal danger.

Managers & the Legal Environment (11 decks)

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