Flashcards
Chapter 5
Cards in this deck (39)
- 1ActionableCapable as serving as the basis of a lawsuit
- 2Actual MaliceDeliberate Intent to cause harm
- 3AppropriationUsing another person's identity or appearance
- 4AssaultReasonably believable threat
- 5Assumption of RiskPlantiff may not recover for damage/injury because they knew about risk and willingly participated
- 6BatteryHarmful physical contact that was intentional
- 7Business InviteeCustomer or Client
- 8Business TortWrongful interference with another's business rights
- 9Causation in FactAn act or omission without which an event would not have occurred.
- 10Comparative NegligencePlantiff gets prorated amount of settlement if they are less than 50 percent responsible
- 11Compensatory DamagesMonetary award equal to the damages
- 12Contributory NegligenceIf Plantiff caused the damage or was responsible they are not entitled to a settlement
- 13ConversionWrongfully taking a person's property and placing it in the service of another
- 14DamagesMonetary award sought as remedy for a breach of contract
- 15DefamationAnything published that causes injury to another person's good name or reputation
- 16DefenseReason offered as to why Plantiff should not recover damages
- 17Disparagement of PropertyEconomically injurious falsehood about another's product/property
- 18Dram Shop ActBar owners are responsible for any drunk individuals who were served numerous drinks and are liable for damages caused by drunk individual
- 19Duty of CareDuty of all persons to exercise reasonable amount of care in dealing with others.
- 20Good Samaritan StatuteProtects invidiuals acting in state of emergency from negligence
- 21Intentional TortA wrongful act knowingly committed.
- 22LibelDefamation in writing
- 23LicenseAright or privilege of a person to come on another person's land
- 24MalpracticeProfessional Misconduct, failure to exercise due care.
- 25NegligenceFailure to exercise standard of care
- 26Negligence Per SeFailure to act in violation of a statutory requirement
- 27PrivilegeA special right or advantage
- 28Proximate CauseLegal Cause
- 29PufferyExaggerated claims (i.e. salesperson language). Opinions not facts.
- 30Punitive DamagesMonetary damages awarded to plantiff to punish defendant and deter future negligence
- 31Reasonable Person StandardStandard behavior of average, reasonable citizen
- 32Res Ipsa LoquiturThe facts speaks for themselves. Event would not happen if not for negligence. (ex: injury in elevator, landlord is at fault automatically)
- 33SlanderDefamation in oral form
- 34Slander of QualityAlso known as trade libel. Publication of false information about another's product
- 35Slander of TitlePublication that denies or casts doubt of another's legal ownership of something
- 36Strict LiabilityLiability regardless of fault, for those who engage in abnormally dangerous activities and for merchants that introduce defective products to commerce
- 37TortWrongful act that results in harm or injury to another (Civil Case)
- 38TortfeasorOne who commits a tort
- 39Transferred IntentWhen someone who intended to harm an individual unintentionally harms a second individual (i.e. I beat up Naveed's Crazy ex-wife, and in the process her fat friend Nikki tries to help and gets injured like an idiot)
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- College Business Law Flashcards on Chapter 5, created by adamchik on 04/10/2015.
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- adamchik
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