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Mortuary Law > Exam 2: Vocabulary > Flashcards

Exam 2: Vocabulary Flashcards

1
Q

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

A

Tort

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2
Q

wrongful interference with another’s business rights and relationships

A

Business Tort

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3
Q

a monetary sought as a remedy for a breach of contract

A

Damages

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4
Q

a monetary award equivalent to the actual value of inquires or damage sustained by the aggrieved party

A

Compensatory Damages

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5
Q

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

A

Punitive Damages

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6
Q

a wrongful act knowingly committed

A

Intentional Tort

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7
Q

one who commits a tort

A

Tortfeasor

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8
Q

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

A

Assault

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9
Q

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

A

Battery

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10
Q

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

A

Defense

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11
Q

causing of serving as the basis of a lawsuit. An actionable claim can be pursed in a lawsuit or other court action.

A

Actionable

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12
Q

anything published or publicly spoken that cause injury to another’s good name, reputation, or character.

A

Defamation

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13
Q

defamation in writing or another form have the quality or performance (such as a digital recording).

A

Libel

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14
Q

defamation in oral form

A

Slander

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15
Q

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.

A

Privilege

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16
Q

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.

A

Actual Malice

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17
Q

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.

A

Appropriation

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18
Q

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.

A

Fraudulent Misrepresentation

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19
Q

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.

A

Puffery

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20
Q

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

A

Trespass of Land

21
Q

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

A

Trespass to Personal Property

22
Q

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

A

Conversion

23
Q

the failure to exercise the standard of care that a reasonable person would exercise on similar circumstance

A

Negligence

24
Q

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.

A

Duty of Care

25
Q

the standard of behavior against which negligence is measured and that must be observed to avoid liability for negligence.

A

Reasonable Person Standard

26
Q

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

A

Business Invitee

27
Q

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

A

Malpractice

28
Q

an act or omission without which an event would not have occurred

A

Causation in Fact

29
Q

legal cause. It exists when the connection between an act and injury is strong enough to justify imposing liability

A

Proximate of Risk

30
Q

a defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows

A

Assumption of Risk

31
Q

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

A

Contributory Negligence

32
Q

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.

A

Comparative Negligence

33
Q

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”.

A

Res Ipsa Loquitor

34
Q

an action or failure to act in violation of a statutory requirement.

A

Negligence Per Se

35
Q

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.

A

Strict Liability

36
Q

sources of Contract Law except sales and leases.

A

Common Law

37
Q

a declaration that binds a person who makes it (the promisor) to do or not to do a certain act.

A

Promise

38
Q

a person who makes a promise

A

Promisor

39
Q

a person to whom makes a promise is made

A

Promisee

40
Q

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.

A

Contract

41
Q

offer and acceptance

A

Agreement

42
Q

this type of contract must be in writing

A

Formal

43
Q

a contract that has been fully performed on both sides

A

Executed

44
Q

a contract that has not been fully performed on either sides

A

Executory

45
Q

a contract that results when the elements necessary for contract formation (agreement, consideration, legal purpose, and contractual capacity) are present

A

Valid Contract

46
Q

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

A

Voidable Contract

47
Q

a contract having no legal force or binding effect

A

Void Contract

48
Q

an obligation or contract imposed by law (a court) in the absence of an agreement to prevent the unjust enrichment of one party.

A

Quasi Contract

49
Q

the value given in return for a promise or performance in a contractual agreement; the bargained for exchange

A

Consideration

Mortuary Law (3 decks)

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