Term
| Intentional infliction of harmful or offensive bodily contact. |
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Definition
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Term
| Intentional infliction of apprehension of immediate bodily harm or offensive contact |
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Definition
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Term
| Intentional confining of a person against their will |
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Definition
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Term
| Extreme and outrageous conduct intentionally or recklessly causing severe emotional distress |
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Definition
| Infliction of emotional distress |
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Term
| False communication that injures a person's reputation |
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Definition
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Term
| Written or electronically transmitted defamation |
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Definition
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Term
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Definition
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Term
| Truth, absolute privilege, conditional privilege, and constitutional privilege are defenses to a defamation action |
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Definition
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Term
| Unauthorized use of a person's identity |
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Definition
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Term
| Unreasonable and offensive interference with the seclusion of another |
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Definition
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Term
| Offensive publicity of private information |
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Definition
| Public disclosure of private information |
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Term
| Offensive and false publicity about another |
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Definition
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Term
Appropriation includes which of the following:
A. Publicity
B. Private Facts
C. Offensiveness
D. Falsity |
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Definition
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Term
Intrusion includes which of the following:
A. Publicity
B. Private Facts
C. Offensiveness
D. Both B & C
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Definition
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Term
Public disclosure excludes which of the following:
A. Publicity
B. Private Facts
C. Offensiveness
D. Falsity |
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Definition
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Term
False light excludes which of the following:
A. Publicity
B. Private Facts
C. Offensiveness
D. Falsity |
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Definition
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Term
| Land and everything attached to it. |
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Definition
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Term
| Wrongfully entering land of another, or an intentional taking or use of another's personal property. |
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Definition
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Term
| A nontrespassory interference with another's use and enjoyment of land |
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Definition
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Term
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Definition
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Term
| intentional exercise of control over another's personal property. |
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Definition
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Term
| intentionally causing one of the parties to a contract not to perform. |
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Definition
| Interference with Contractual Relations |
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Term
| publication of false statements about another's property or products. |
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Definition
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Term
| a false statement, made with knowledge of its falsity, intended to induce another to act. |
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Definition
| Fraudulent Misrepresentation |
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Term
| a person may not recover for injury to which he willingly and knowingly consents. |
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Definition
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Term
| a person may take appropriate action to prevent harm to himself where time does not allow resort to the law. |
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Definition
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Term
| conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. |
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Definition
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Term
| degree of care that a reasonable person would exercise in a given situation. |
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Definition
| Reasonable Person Standard |
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Term
| except in special circumstances, no one is required to aid another in peril. |
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Definition
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Term
Children and those with a physical disability must conform to conduct of a reasonable person of like:
A. Age
B. Intelligence
C. Experience
D. All of the above |
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Definition
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Term
In an emergencies, the reasonable person standard applies, but the emergency is considered part of the ---
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Definition
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Term
| permits the jury to infer both negligent conduct and causation. |
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Definition
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Term
| no liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs. |
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Definition
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Term
| an intervening act that relieves the defendant of liability. |
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Definition
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Term
| failure of a plaintiff to exercise reasonable care for his own protection, which in a few States prevents the plaintiff from recovering anything. |
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Definition
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Term
| damages are divided between the parties in proportion to their degree of negligence; applies in almost all States. |
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Definition
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Term
| plaintiff's express consent to encounter a known danger, some states still apply implied assumption of the risk. |
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Definition
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Term
| liability for nonintentional and nonnegligent conduct. |
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Definition
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Term
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Definition
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Term
| property that does not exist in a physical form. |
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Definition
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Term
| land and interest in land |
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Definition
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Term
| personal property so firmly attached to real property that an interest in it arises under real property law. |
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Definition
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Term
An example of real tangible property is:
A. Land
B. Building
C. Fixtures
D. All of the above |
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Definition
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Term
Intangible personal property include all of the following except:
A. Commercial paper
B. Stock certificates
C. Contract Rights
D. Easements
E. Copyrights
F. Patents
G. None of the above |
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Definition
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Term
| transfer of property for a price. |
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Definition
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Term
| transfer of property without consideration (price). |
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Definition
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Term
| right to property acquired upon death of the owner. |
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Definition
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Term
| right of a property owner to any increase in such property. |
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Definition
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Term
| intentionally disposed of by owner; finder is entitled to the property. |
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Definition
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Term
| unintentionally left by owner; the finder is generally entitled to the property. |
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Definition
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Term
| intentionally placed by the owner but unintentionally left; the owner of the premises is generally entitled to the property. |
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Definition
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Term
| coins or currency hidden or concealed by the owner for such a length of time that the owner is probably dead or undiscoverable. |
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Definition
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Term
| contractual arrangement that distributes risk of loss among a large number of members through a company |
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Definition
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Term
| fire & property insurance protects against loss due to fire or related perils. |
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Definition
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Term
| insurance in which a person insures property for less than its full or stated value and agrees to share the risk of loss. |
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Definition
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Term
| fire contained in its intended location. |
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Definition
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Term
| any fire outside its intended or usual location |
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Definition
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Term
| covers full value of property as agreed upon by the parties at the time the policy is issued. |
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Definition
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Term
| covers fair market value of property as calculated immediately prior to the loss. |
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Definition
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Term
| a financial interest or a factual expectancy interest in someone's property that justifies insuring the property; the interest must exist at the time the property loss occurs. |
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Definition
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Term
| amount to be paid for an insurance policy. |
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Definition
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Term
| false representation of a material fact made by the insured that is justifiably relied upon by the insurer; enables the insurer to rescind the contract within a specified time. |
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Definition
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Term
| the failure of a required condition; generally an insurer may avoid liability for a breach of warranty only if the breach is material. |
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Definition
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Term
| fraudulent failure of an applicant for insurance to disclose material facts that the insurer does not know; allows the insurer to rescind the contract. |
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Definition
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Term
| an insurer intentionally relinquishes the right to deny liability. |
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Definition
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Term
| an insurer is prevented by its own conduct from asserting a defense. |
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Definition
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Term
| an insurance contract may be terminated by due performance or cancellation. |
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Definition
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Term
| the temporary transfer of personal property by one party to another . |
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Definition
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Term
| storer of goods for pay; must exercise reasonable care to protect the stored goods and deliver them to the proper person. |
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Definition
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Term
| security interest by possession. |
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Definition
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Term
| an instrument evidencing ownership of the document and the goods it covers. |
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Definition
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Term
| document issued to the shipper by the carrier (1)as a receipt for the goods, (2)as evidence of their carriage contract, and (3)as a document of title. |
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Definition
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Term
| a person who negotiates or transfers a document of title for value, other than a collecting bank or other intermediary, incurs certain warranty obligations unless otherwise agreed. |
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Definition
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Term
In an instance of a missing or lost title the claimant:
A. could apply for a court issuing of a substitute document
B. obtain another substitute document from claimer
C. nothing could be done |
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Definition
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Term
| right to immediate possession of real property for an indefinite time. |
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Definition
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Term
| absolute ownership of property |
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Definition
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Term
| ownership subject to its being taken away upon the happening of an event. |
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Definition
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Term
| ownership right in property for the life of a designated person, while remainder is the ownership estate that takes effect when the prior estate terminates. |
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Definition
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Term
| grantor's right to property upon termination of another estate. |
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Definition
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Term
| are of two kinds: vested remainders (unconditional remainder that is a fixed, present interest to be enjoyed in the future) and contingent remainders (remainder interest conditional upon the happening of an event in addition to the termination of the preceding estate). |
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Definition
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Term
| both (1)a contract for use and possession of land and (2)a grant of an estate in land. |
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Definition
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Term
| owner of land who grants a leasehold interest to another while retaining a reversionary interest in the property. |
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Definition
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Term
| possessor of the leasehold interest in the land. |
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Definition
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Term
| lease consisting of specific terms that continue in indefinite succession. |
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Definition
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Term
| lease that is terminable at any time. |
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Definition
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Term
| possession of real property without a lease. |
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Definition
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Term
| if the tenant breaches one of the covenants of her lease, the landlord may terminate the lease and evict (remove) her from the premises. |
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Definition
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Term
| under the common law, if the premises are destroyed the tenant is not relieved of his obligation to pay rent and cannot terminate the lease. |
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Definition
| Destruction of the Premises |
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Term
| the right of the tenant to have physical possession of the premises free of landlord interference. |
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Definition
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Term
| most courts impose for residential leases an implied warranty of habitability that the leased premises are fit for ordinary residential purposes. |
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Definition
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Term
| unless there is a statute or a specific provision in the lease, the landlord has no duty to repair or restore the premises |
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Definition
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Term
| co-ownership in which each tenant holds an undivided interest with no right of survivorship. |
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Definition
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Term
| co-ownership with the right of survivorship; requires the presence of the four unities (time, title, interest, and possession). |
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Definition
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Term
| co-ownership by spouses in which neither may convey his or her interest during life. |
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Definition
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Term
| spouses' rights in property acquired by the other during their marriage. |
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Definition
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Term
| separate ownership of an individual unit with tenancy in common with respect to common areas. |
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Definition
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Term
| the corporate owner of the property leases units to its shareholders as tenants. |
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Definition
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Term
| limited right to use the land of another in a specified manner. |
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Definition
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Term
| rights and duties created by the easement pertain to and run with the land of the owner of the easement (dominant parcel) and the land subject to the easement |
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Definition
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Term
| rights and duties created by the easement are personal to the individual who received the right. |
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Definition
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Term
| right to remove produce from the land of another. |
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Definition
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Term
| permission to use land of another. |
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Definition
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Term
| Easements may be created by: |
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Definition
(1)express grant or reservation, (2)implied grant or reservation, (3)necessity,
(4)dedication, and
(5)prescription (adverse use)
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Term
***Rights of Concurrent Owners***
last slide of Ch. 49 |
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Definition
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