Torts Terms Flashcards
res ipsa loquitor
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. translates to “the facts speak for themselves”
actionable
capable of serving as the basis of a lawsuit
actual malice
deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true
appropriation
In tort law, the use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user
assault
any word or action intended to make another person fearful of immediate physical harm
assumption of risk
a doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed
battery
the unprivileged, intentional touching of anotehr
business invitee
a person, such as a customer or client, who is invited onto business premises by the owner of those premises for business purposes
business tort
wrongful interference with another’s business rights
causation in fact
an act or omission without which an event would not have occurred
comparative negligence
a rule in tort law that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely
compensatory damages
a monetary award equivalent to the actual value of injuries or damage sustained if the damage suffered is partly the plaintiff’s own fault
conversion
wrongfully taking or retaining possession of an individuals’s personal property and placing it in the service of anotehr
damages
money sought as a remedy for a breach of contract or a tortious action
defamation
anything published or publicly spoken that causes injury to another’s good name, reputation or character
defense
a reason offered and alleged by a defendant in an action or suit as to why the plaintiff should not recover or establish what he or she seeks
disparagement of property
an economically injurious falsehood made about another’s product or property; a general term for torts that are more specifically referred to as slander
duty of care
the duty of all person, 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
fraudulent misrepresentation
any misrepresentation knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his detriment
intentional tort
a wrongful act knowingly committed
libel
defamation in writing or other form having the quality of permanence
malpractice
Professional misconduct or the lack of the requisite degree of skill as a professional
negligence
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances
negligence per se
an action or failure to act in violation of a statutory requirement
proximate cause
legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability
puffery
a salesperson’s exaggereated claims concerning the quality of property offered for sale. Claims involve opinions rather than facts and are not considered to be legally binding promises or warranties
punitive damages
monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct
reasonable person standard
The standard of behavior expected of a hypothetical “reasonable person”; the standard against which negligence is measured and that must be observed to avoid liability for negligence
slander
Defamation in oral form
slander of quality
the publication of false information about another’s product
slander of title
the publication of a statement that denies or casts doubt on another’s legal ownership of any property, causing financial loss to that property’s owner
strict liability
liability regardless of fault. in tort law, strict liability is imposed on a manufacturer or seller that introduces into commerce a good that is unreasonably dangerous when in a defective condition
tort
a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm to another
tortfeasor
one who commits a tort
trespass to land
the entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization
trespass to personal property
the unlawful taking or harming of another’s personal property; interference with another’s right to the exclusive possession of his or her personal property
