Exam 2 Vocab

Question 1

A wrongful act other than a breach of contract that results in harm or injury to another and leads to civil liability

Answer 1

Tort

Question 2

Wrongful interference with another’s business rights

Answer 2

Business Tort

Question 3

A monetary award sought as a remedy for a breach of contract or a tortious action

Answer 3

Damages

Question 4

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party

Answer 4

Compensatory Damages

Question 5

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future

Answer 5

Punitive Damages

Question 6

A wrongful act knowingly committed

Answer 6

Intentional Tort

Question 7

One who commits a tort

Answer 7

Tortfeasor

Question 8

Any word or action intended to make another person fearful of immediate physical harm - a reasonably believable threat

Answer 8

Assault

Question 9

Unexcused, harmful or offensive physical contact with another that is intentionally performed

Answer 9

Battery

Question 10

A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks

Answer 10

Defense

Question 11

Capable of serving as the basis of a lawsuit

Answer 11

Actionable

Question 12

Anything published or publicly spoken that causes injury to another’s good name, reputation, or character

Answer 12

Defamation

Question 13

Defamation in writing or another form having the quality of permanence

Answer 13

Libel

Question 14

Defamation in oral form

Answer 14

Slander

Question 15

A special right, advantage, or immunity granted to a person or a class of persons, such as a judge’s absolute privilege to avoid liability for defamation over statements made in the courtroom during a trial

Answer 15

Privilege

Question 16

The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth.

Answer 16

Actual Malice

Question 17

The use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user

Answer 17

Appropriation

Question 18

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment

Answer 18

Fraudulent Misrepresentation

Question 19

A salesperson’s often exaggerated claims concerning the quality of property offered for sale, involving opinions rather than facts and are not legally binding promises or warranties

Answer 19

Puffery

Question 20

Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization

Answer 20

Trespass to Land

Question 21

Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property

Answer 21

Trespass to Personal Property

Question 22

Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another

Answer 22

Conversion

Question 23

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Answer 23

Negligence

Question 24

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others

Answer 24

Duty of Care

Question 25

The standard of behavior expected of a hypothetical reasonable person. The standard against which negligence is measured and that must be observed to avoid liability for negligence

Answer 25

Reasonable Person Standard

Question 26

A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes

Answer 26

Business Invitee

Question 27

Professional misconduct or the lack of the requisite degree of skill as a professional

Answer 27

Malpractice

Question 28

Negligence on the part of a professional

Answer 28

Malpractice

Question 29

An act or omission without which an event would not have ocurred

Answer 29

Causation in Fact

Question 30

Legal cause which exists when the connection between an act and an injury is strong enough to justify imposing liability

Answer 30

Proximate Cause

Question 31

A defense to negligence in which a plaintiff may not recover for injuries or damages suffered from risks he or she knows of and has voluntarily assumed

Answer 31

Assumption of risk

Question 32

A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damage suffered is the partly the plaintiff's own fault

Answer 32

Contributory Negligence

Question 33

A rule in tort law used in the majority of states that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely

Answer 33

Comparative Negligence

Question 34

A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence

Answer 34

Res Ipsa Loquitur

Question 35

The facts speak for themselves

Answer 35

Res Ipsa Loquitur

Question 36

An action or failure to act in violation of a statutory requirement

Answer 36

Negligence per se

Question 37

Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods

Answer 37

Strict Liability

Question 38

A declaration that binds a person who makes it to do or not to do a certain act

Answer 38

Promise

Question 39

A person who makes a promise

Answer 39

Promisor

Question 40

A person to whom a promise is made

Answer 40

Promisee

Question 41

A set of promises constituting an agreement between parties, giving each a legal duty to the other and also the right to seek a remedy for the breach of the promises or duties

Answer 41

Contract

Question 42

An offer and an acceptance

Answer 42

Agreement

Question 43

An agreement that by law requires a specific form for its validity

Answer 43

Formal Contract

Question 44

A contract that has been fully performed by both parties

Answer 44

Executed Contract

Question 45

A contract that had not yet been fully performed

Answer 45

Executory Contract

Question 46

A contract that results when the elements necessary for contract formation are present

Answer 46

Valid Contract

Question 47

A contract that may be legally avoided at the option of one or both of the parties

Answer 47

Voidable Contract

Question 48

An obligation or contract imposed by law in the absence of an agreement, to prevent the unjust enrichment of one party

Answer 48

Quasi Contract

Question 49

Something of value received or promised to convince a person to make a deal

Answer 49

Consideration