Exam 2: Vocabulary Flashcards
a wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability
Tort
wrongful interference with another’s business rights and relationships
Business Tort
a monetary sought as a remedy for a breach of contract
Damages
a monetary award equivalent to the actual value of inquires or damage sustained by the aggrieved party
Compensatory Damages
monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
Punitive Damages
a wrongful act knowingly committed
Intentional Tort
one who commits a tort
Tortfeasor
any word or action intended to make another person fearful of immediate physical harm-a reasonably believable threat
Assault
Unexcused, harmful or offensive, physical contact with another that is intentionally performed.
Battery
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
Defense
causing of serving as the basis of a lawsuit. An actionable claim can be pursed in a lawsuit or other court action.
Actionable
anything published or publicly spoken that cause injury to another’s good name, reputation, or character.
Defamation
defamation in writing or another form have the quality or performance (such as a digital recording).
Libel
defamation in oral form
Slander
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 trial.
Privilege
the deliberate intent to cause harm that exist when a person makes a statement with either knowledege of its falsity or reckless disregard of the truth.
Actual Malice
in tort law, the use by one person of another person’s names, likeness, or other identifying characteristic without permission and for the benefit of the user.
Appropriation
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.
Fraudulent Misrepresentation
a salesperson’s often exaggerated claims concerning the quality or property offered for sales. Such claims involve opinions rather than facts and are not legally binging promises or warranties.
Puffery
entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.
Trespass of Land
wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property.
Trespass to Personal Property
wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another.
Conversion
the failure to exercise the standard of care that a reasonable person would exercise on similar circumstance
Negligence
the duty of all person’s as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
Duty of Care
the standard of behavior against which negligence is measured and that must be observed to avoid liability for negligence.
Reasonable Person Standard
a person, such as a customer or a client who is invited onto business premises but the owner of those premises for business purposes.
Business Invitee
professional misconduct or the lack of the requisite degree of skill as a professional
Malpractice
an act or omission without which an event would not have occurred
Causation in Fact
legal cause. It exists when the connection between an act and injury is strong enough to justify imposing liability
Proximate of Risk
a defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows
Assumption of Risk
a rule in tort law, used in only a few states like MD, that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff’s own fault
Contributory Negligence
a rule in tort law, used in the majority of the states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely.
Comparative Negligence
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. Literally the term means “the facts speak for themselves”.
Res Ipsa Loquitor
an action or failure to act in violation of a statutory requirement.
Negligence Per Se
liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufactures or sellers that introduce into commerce defective and unreasonably dangerous goods.
Strict Liability
sources of Contract Law except sales and leases.
Common Law
a declaration that binds a person who makes it (the promisor) to do or not to do a certain act.
Promise
a person who makes a promise
Promisor
a person to whom makes a promise is made
Promisee
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.
Contract
offer and acceptance
Agreement
this type of contract must be in writing
Formal
a contract that has been fully performed on both sides
Executed
a contract that has not been fully performed on either sides
Executory
a contract that results when the elements necessary for contract formation (agreement, consideration, legal purpose, and contractual capacity) are present
Valid Contract
a contract that may be legally avoided at the option of one both of the parties
Voidable Contract
a contract having no legal force or binding effect
Void Contract
an obligation or contract imposed by law (a court) in the absence of an agreement to prevent the unjust enrichment of one party.
Quasi Contract
the value given in return for a promise or performance in a contractual agreement; the bargained for exchange
Consideration
