Torts Terms

Question 1

res ipsa loquitor

Answer 1

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”

Question 2

actionable

Answer 2

capable of serving as the basis of a lawsuit

Question 3

actual malice

Answer 3

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

Question 4

appropriation

Answer 4

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

Question 5

assault

Answer 5

any word or action intended to make another person fearful of immediate physical harm

Question 6

assumption of risk

Answer 6

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

Question 7

battery

Answer 7

the unprivileged, intentional touching of anotehr

Question 8

business invitee

Answer 8

a person, such as a customer or client, who is invited onto business premises by the owner of those premises for business purposes

Question 9

business tort

Answer 9

wrongful interference with another’s business rights

Question 10

causation in fact

Answer 10

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

Question 11

comparative negligence

Answer 11

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

Question 12

compensatory damages

Answer 12

a monetary award equivalent to the actual value of injuries or damage sustained if the damage suffered is partly the plaintiff’s own fault

Question 13

conversion

Answer 13

wrongfully taking or retaining possession of an individuals’s personal property and placing it in the service of anotehr

Question 14

damages

Answer 14

money sought as a remedy for a breach of contract or a tortious action

Question 15

defamation

Answer 15

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

Question 16

defense

Answer 16

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

Question 17

disparagement of property

Answer 17

an economically injurious falsehood made about another’s product or property; a general term for torts that are more specifically referred to as slander

Question 18

duty of care

Answer 18

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

Question 19

fraudulent misrepresentation

Answer 19

any misrepresentation knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his detriment

Question 20

intentional tort

Answer 20

a wrongful act knowingly committed

Question 21

libel

Answer 21

defamation in writing or other form having the quality of permanence

Question 22

malpractice

Answer 22

Professional misconduct or the lack of the requisite degree of skill as a professional

Question 23

negligence

Answer 23

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

Question 24

negligence per se

Answer 24

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

Question 25

proximate cause

Answer 25

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

Question 26

puffery

Answer 26

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

Question 27

punitive damages

Answer 27

monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct

Question 28

reasonable person standard

Answer 28

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

Question 29

slander

Answer 29

Defamation in oral form

Question 30

slander of quality

Answer 30

the publication of false information about another’s product

Question 31

slander of title

Answer 31

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

Question 32

strict liability

Answer 32

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

Question 33

tort

Answer 33

a civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm to another

Question 34

tortfeasor

Answer 34

one who commits a tort

Question 35

trespass to land

Answer 35

the entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization

Question 36

trespass to personal property

Answer 36

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