Shared Flashcard Set

Details

BLS 342
Chapter 8 Tort Law
39
Business
Undergraduate 3
10/12/2010

Additional Business Flashcards

 


 

Cards

Term
Tort
Definition
wrong or injury to another, other than a breach of contract
Term
Intentional torts
Definition
defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result
Term
Negligent torts
Definition
defendant acts in a way that subjects other people to an unreasonable risk of harm
Term
Strict-liability torts
Definition
defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes
Term
Intentional torts against persons
Definition
intentional acts that harm an individual's physical or mental integrity: assault and battery, defamation, privacy torts, false imprisonment, intentional infliction of emotional distress, and misuse of legal procedure
Term
Assault
Definition
when one person places another in fear or apprehension of an immediate, offensive bodily contact--if a reasonable person would experience apprehension in a given situation, and the person in that situation does experience apprehension (not necessarily fear), an assault occurs
Term
Battery
Definition
an intentional, unwanted, offensive bodily contact
Term
Defamation
Definition
intentional publication (communication to a third party) of a false statement harmful to an individual's reputation
Term
Slander per se
Definition
statements so inherently harmful that general damages are presumed; claims that a plaintiff (1) has a loathsome, communicable disease (2) has committed a crime for which imprisonment is a possibility (3) is professionally incompetent (4) if a woman, has engaged in sexual misconduct
Term
Absolute privilege
Definition
one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim; House or Senate, courtroom
Term
Conditional privilege
Definition
party will not be held liable for defamation unless the false statement was made with actual malice
Term
actual malice
Definition
statement made with either knowledge of its falsity or reckless disregard for its truth
Term
Public Figure privilege
Definition
not holding people liable for making false statements about _____ as long as the statements were not made with actual malice
Term
Privacy Torts--Invasion of Privacy
Definition
False light, public disclosure of private facts, appropriation for commercial gain, intrusion on an individuals affairs or seclusion
Term
False light
Definition
publicity about a person creates an impression about that individual that is not valid
Term
Public disclosure of private facts about a person
Definition
someone publicizes a private fact about an individual and that fact is something a reasonable person would find highly offensive
Term
Appropriation for commercial gain
Definition
when someone uses another person's name, likeness, voice, o other identifying characteristic for commercial gain without that person's permission
Term
Intrusion on an individuals affairs or seclusion
Definition
someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy
Term
False imprisonment
Definition
when an individual is confined or restrained against his or her will for an appreciable amount of time
Term
Intentional infliction of emotional distress
Definition
whens someone engages in outrageous, intentional conduct, likely to cause extreme emotional distress to the party toward whom the conduct is directed
Term
Misuse of legal procedure torts
Definition
Malicious prosecution, wrongful civil proceedings, abuse of process
Term
Malicious Prosecution, Wrongful Civil Proceedings
Definition
seek to compensate people wrongfully charged with either criminal or civil matters
Term
Abuse of Process
Definition
applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than the procedure intends
Term
Trespass to realty
Definition
when a person intentionally (1) enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; (3) stays on the land of another when the owner tells him to depart or (4) refuses to remove something he placed on the property that the landowner asked him to remove
Term
Private Nuisance
Definition
when a person uses her property in an unreasonable manner that harms a neighbors use or enjoyment of his property
Term
Trespass to personal property
Definition
temporarily exerting control over another person's property or interfering with the true owner's rights to use the property
Term
Conversion
Definition
when a person permanently removes personal property from the owner's possession and control
Term
disparagement
Definition
defamation of a business product or service--defendant published a false statement of material fact about the plaintiff's product or service that resulted in a loss of sales
Term
slander of quality, trade libel
Definition
when defamation of a business product or service are criticisms of the quality, honesty, or reputation of the business or product
Term
slander of title
Definition
when defaming statements relate to the ownership of the business property
Term
food disparagement
Definition
someone knowingly makes false, damaging statements about a food product
Term
Disparagement by computer
Definition
(1) erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit (2) the computer information's owner fails to correct the incorrect information in a timely manner
Term
Intentional interference with contract
Definition
(1)a valid and enforceable contract between two parties existed (2) the defendant party knew of the existence of the contract and its terms (3) the defendant intentionally undertook steps to cause one of the parties to breach the contract (4) the plaintiff was injured as a result of the breach
Term
Unfair competition
Definition
when someone enters a business with the sole intent of driving another firm out of business
Term
Fraudulent misrepresentation
Definition
when a party uses intentional deceit to facilitate personal gain
Term
Compensatory damages
Definition
damages designed to compensate the victim for all of the harm caused by the person who committed the tort (tortfeasor)
Term
Nominal damages
Definition
small amount of money given tor recognize that a defendant did indeed commit a tort in a case where there were no compensable damages suffered by the plaintiff
Term
Punitive Damages
Definition
damages awarded to punish the defendant--juries usually consider the egregiousness or willfulness of the tort and the wealth of the defendant
Term
Class Action Fairness Act (CAFA)
Definition
tort reform legislation at the national level
Supporting users have an ad free experience!