Legal Terms Chapter 15 - Torts and Tortfeasors Flashcards
Agent
People authorized to act.
Conversion
The wrongful exercise of dominion and control over the personal property in another’s possession.
Cybertort
A tort associated with a computer.
Defamation
The wrongful act of damaging another’s character or reputation by the use of false statements made orally.
Damages
Money which is intended to compensate the injured party for losses caused by the tortious act of the tortfeasor.
Doctrine of charitable immunity
A legal doctrine in which charitable institutions are immune from tort liability; abolished since 1969.
Doctrine of respondeat superior
A legal doctrine under which an employer is responsible for the torts of its employees, that are committed within the scope of employment, initially called the master servant rule.
Doctrine of sovereign immunity
A legal doctrine under which government bodies are immune from tort liability unless the government agrees to be held liable.
Duty of care
A legal obligation of carefulness or prudence toward those likely to be injured by one’s conduct,.
Good Samaritan statutes
Laws providing that physicians, nurses, and certain other medical personnel will not be liable for negligent acts that occur when they voluntarily, without a fee, render emergency care or treatment outside of the ordinary course of their practice.
Immune
Exempt.
Imputed liability
Vicarious responsibility for the torts committed by another person.
Intentional torts
Torts that are committed intentionally or knowingly; also called willful torts.
Joint liability
Liability under which all joint tortfeasors must be named as defendants in a lawsuit; owe damages awarded together.
Joint tortfeasors
When more than one person participates in the commission of a tort.
Master
An employer; also a lawyer appointed by the court to hear testimony in a case and report back to the court as to his or her findings or conclusions.
Principal
People who authorize others to act for them.
Prosecute
To proceed against a person criminally as in criminal cases.
Right of contribution
The right to share a loss among joint tortfeasors or codefendants.
Servant
An employee; one who performs services under the direction and control of another.
Several liability
Liability under which joint tortfeasors may be sued separately in a lawsuit.
Tort
A wrong against an individual or a private wrong.
Tortfeasor
One who commits a tort.
Vicarious liability
Liability that is imputed to principals and employers because of the wrongdoing of their agents and employees; interchangeable with imputed liability.
