Exam 1 pt 2 Flashcards
The intentional creation of a reasonable apprehension of an imminent and offensive contract without the person’s consent.
Assault
The intentional, unpermitted, unprivileged, and offensive touching of the person of one individual by another.
Battery
A statement made with knowledge that it was false, or with reckless disregard whether it was false or not.
Actual Malice
A civil wrong or injury (other than a breach of contract) suffered by an individual as the result of another person’s unlawful conduct.
Tort
An unintentional tort that causes injury to a person or to property.
Negligence
How a person of ordinary sense, using ordinary care or skill, would react under the same or similar circumstances.
Reasonably Prudent Person Standard
Defendant has failed to act as required by law.
Breach of Duty
All of the necessary contractual elements are present.
Valid Contract
The parties have gone through the action of making a contract, but none has been made because some essential element of the contract is lacking.
Void Contract
Valid contract which can be enforced because of certain legal defenses (such as contained in a statute or law).
Unenforcable Contract
Prevents a party from filing suit after a certain period of time has elapsed
Statute of Limitations