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Business Law > Law of Torts Flashcards > Flashcards

Law of Torts Flashcards

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1
Q

nuisance

A

interference with another’s enjoyment of life or property is known as

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2
Q

defamation

A

wrongful act that injures another’s reputation with false statements is known as

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3
Q

negligence

A

Failure to exercise reasonable care in a situation that causes harm to another person or property

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4
Q

assault

A

when one person deliberately frightens another person into the reasonable belief that he or she is about to be injured is known as

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5
Q

strict liability

A

Legal responsibility for damage even if you acted without mental fault

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6
Q

intentional tort

A

Actions with the purpose or intent to injure another person or property

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7
Q

tort

A

A wrongful injury to a person or property. “A private wrong”

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8
Q

trespass

A

wrongful injury to or interference in the rights of another is known as

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9
Q

battery

A

the unlawful, unprivileged touching of another person is known as

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10
Q

proximate cause

A

The link between unreasonable conduct and an injury in a negligence suit is known as

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11
Q

Tortfeasor

A

Person who commits a tort

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12
Q

3 Primary Categories of Tort

A

Negligence, Intentional Torts, and Strict Liability

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13
Q

Example of Strict Liability

A

Product/Manufacturer liability

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14
Q

Torts are generally governed by ______ Law.

A

State - common law and statutory law

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15
Q

Statutory Law

A

enacted by legislatures

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16
Q

Common Law

A

case law set fort in court opinions

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17
Q

Precedent

A

case that must be followed in subsequent, similar cases

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18
Q

Compensatory damages

A

compensate losses

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19
Q

Examples of compensatory damages

A

lost wages, medical bills, pain and suffering, property damage, past and future earnings

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20
Q

IRAC

A

Issue, Rule, Application, Conclusion

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21
Q

Battery

A

the crime of unconsented physical contact with another person, even where the contact is not violent/

22
Q

Trespass

A

the wrongful damage to or interference with the property of another

23
Q

Defamation

A

the wrongful act of injuring another’s reputation by making false statements

24
Q

Libel

A

false statement in written form

25
Q

Slander

A

is a false statement made orally to a third party

26
Q

Invasion of Privacy

A

interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters

27
Q

Emotional Distress

A

Intentionally or recklessly causing emotional or mental suffering to others

28
Q

Conversion

A

Unauthorized taking or borrowing of personal property of another for the use of the taker

29
Q

False imprisonment

A

Unlawful restraint of a person whether in prison or otherwise

30
Q

Interference with contractual relations

A

The action of breaking the terms of a law, agreement

31
Q

Deceit

A

A false statement or deceptive practice done with intent to injure another

32
Q

Unintentional Torts

A

when he or she acts in a careless manner that results in an injury to a person, damage to property, or both

33
Q

Elements of Negligence

A

Duty of Care, Breach of Duty, Proximate Cause , Actual Harm

34
Q

Duty of Care

A

the duty to not violate the rights of others

35
Q

Breach of Duty

A

The failure to use the degree of care that a reasonable person would exercise in that same situation

36
Q

Proximate Cause

A

The legal connection between unreasonable conduct and the resulting harm

37
Q

Actual Harm

A

the proof that the plaintiff suffered physical injuries, property damage, or financial loss

38
Q

Defenses to Negligence

A

Contributory Negligence, Comparative Negligence, Assumption of Risk

39
Q

Contributory Negligence

A

Behavior by the plaintiff that helps cause his or her injuries

40
Q

Comparative Negligence

A

The negligence of each party is compared and the amount of the plaintiffs recovery is reduced by percent of his or her negligence

41
Q

Assumption of Risk

A

If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured

42
Q

Survival and Wrongful Death Statutes

A

A statute that allows a descendant’s estate to sue for injuries or damages by the descendant immediately before they died

43
Q

Remedies for Torts

A

The solution to a tort case that the plaintiff and defendant decide upon after the case is over

44
Q

What is the primary purpose of tort law?

A

Protects people’s rights in society.

45
Q

Tort law governs the interplay between what two legal concepts?

A

The rights and duties between the law and the individual.

46
Q

Identify the two ways in which torts can be classified.

A

Intentional Torts and Unintentional Torts

47
Q

What is the difference between assault and battery?

A

Assault is threatening someone to make them believe they are in danger, battery is touching someone in an unlawful way

48
Q

Identify the two categories of defamation. Explain the difference between these two forms of defamation.

A

Libel is a written form of defamation, slander is a spoken form of defamation. You have to prove libel with evidence in court

49
Q

Explain the tort of invasion of privacy naming the two types of interference included within that tort.

A

The invasion of privacy is the interfering with a person’s right to be left alone and right to be free from unwanted publicity from interference in private matters

50
Q

What types of individuals must use the actual malice test in a defamation lawsuit? Explain.

A

Famous people because many people are saying bad things about them

51
Q

Explain how a person can commit a breach of duty to another person in a negligence action.

A

By not exercising a degree of care that a reasonable person would exercise in the same situation

52
Q

Since the reasonable person test is an objective test, what phrases must the judge avoid in his or her jury instructions?

A

The normal person and the logical person

Business Law (6 decks)

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