Final deck 2 Flashcards
Comparative negligence
tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident.
contributory negligence
failure of an injured plaintiff to act prudently, considered to be a contributory factor in the injury suffered, and sometimes reducing the amount recovered from the defendant.
libel
published false statement that is damaging to a person’s reputation; a written defamation
puffery
exaggerated or false praise usually used as a defense of salesmen
Slander
action or crime of making a false spoken statement damaging to a person’s reputation
Offeree
someone who receives an offer
Offeror
One who makes an offer to another
product liability
refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.
Quasi Contract
an obligation of one party to another imposed by law independently of an agreement between the parties
Unilateral contract
type of agreement where one party (sometimes called the offeror) makes an offer to a person, organization, or the general public.
Strict liability
liability which does not depend on actual negligence or intent to harm.
Do negligent actions involve intentional acts?
no
statute of limitations
a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.
tortfeasor
a person who commits a tort
In contract law, is intent determined by an objective theory or subjective theory of contracts?
objective
different types of damages available in a torts case
general damages, special damages, punitive damages
examples of objective facts
can be proved true through methods
elements required for valid contract
mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
standard of care used for professionals
judged based on what a reasonably competent provider with the same level of training would have done under the circumstances.
Promisor V. Promisee
A promisor is a party that makes promises to benefit the third-party beneficiary. A promisee is a party who pays consideration to obtain the promisor’s promise.
Executed v. Executory
performed vs not performed yet
Express v. implied contracts
express contract is proved by an actual agreement (either written or oral), and a contract-implied-in-fact is proved by circumstances and the conduct of the parties.
Defamation
the action of damaging the good reputation of someone; slander or libel.
ambiguous contract situations
if it is reasonably susceptible to more than one interpretation or construction
