Exam 2: Vocabulary

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 and relationships

Answer 2

Business Tort

Question 3

a monetary sought as a remedy for a breach of contract

Answer 3

Damages

Question 4

a monetary award equivalent to the actual value of inquires 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

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

Answer 11

Actionable

Question 12

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

Answer 12

Defamation

Question 13

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

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 trial.

Answer 15

Privilege

Question 16

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.

Answer 16

Actual Malice

Question 17

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.

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 or property offered for sales. Such claims involve opinions rather than facts and are not legally binging 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 of 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 on similar circumstance

Answer 23

Negligence

Question 24

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.

Answer 24

Duty of Care

Question 25

the standard of behavior 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 but 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

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

Answer 28

Causation in Fact

Question 29

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

Answer 29

Proximate of Risk

Question 30

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

Answer 30

Assumption of Risk

Question 31

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

Answer 31

Contributory Negligence

Question 32

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.

Answer 32

Comparative Negligence

Question 33

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”.

Answer 33

Res Ipsa Loquitor

Question 34

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

Answer 34

Negligence Per Se

Question 35

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.

Answer 35

Strict Liability

Question 36

sources of Contract Law except sales and leases.

Answer 36

Common Law

Question 37

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

Answer 37

Promise

Question 38

a person who makes a promise

Answer 38

Promisor

Question 39

a person to whom makes a promise is made

Answer 39

Promisee

Question 40

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 40

Contract

Question 41

offer and acceptance

Answer 41

Agreement

Question 42

this type of contract must be in writing

Answer 42

Formal

Question 43

a contract that has been fully performed on both sides

Answer 43

Executed

Question 44

a contract that has not been fully performed on either sides

Answer 44

Executory

Question 45

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

Answer 45

Valid Contract

Question 46

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

Answer 46

Voidable Contract

Question 47

a contract having no legal force or binding effect

Answer 47

Void Contract

Question 48

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

Answer 48

Quasi Contract

Question 49

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

Answer 49

Consideration