Term
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Definition
| injury to another person or property, civil wrong |
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Term
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Definition
| negligence, intentional, strict liability |
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Term
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Definition
| failure to live to standard of care a reasonable person would provide to protect against harm |
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Term
| in order to have negligence you must have |
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Definition
| 1) duty 2) breach of duty 3) causation a) actual b) proximate 4) damages |
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Term
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Definition
| reasonable standard of care that a person has to protect others |
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Term
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Definition
| prove that defendant did not fulfill that duty |
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Term
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Definition
| did conduct on plaintiffs side result in injury. then you ask what if, but for. then assume responsibility |
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Term
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Definition
| foreseeability....palsgraft case didn't see fireworks being in the mans bag |
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Term
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Definition
| 1) contributory 2) comparative 3) assumption of risk |
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Term
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Definition
| plaintiff did not exercise reasonable care. assume responsibility. |
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Term
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Definition
| percentage of blame on the plaintiff. 20% fault then 20% cost taken out of damages |
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Term
| assumption of risk-defense |
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Definition
| harm suffered was an assumed risk of activity |
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Term
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Definition
| civil wrong. defendant took purposeful action to harm plaintiff |
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Term
| types of intentional torts |
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Definition
| defamation, contract interference, unfair competition, disparagement, misappropriation, trespass to realty, false imprisonment, assault/battery |
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Term
| defamation (intentional tort) |
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Definition
publication of false statement (libel) spoken (slander)
conditional and absolute privilege. public figures/politicians |
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Term
| contract interference (intentional tort) |
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Definition
| 3rd party contract, defendant knew the terms, interfered, took action knowingly, 3rd party breached, harm done to plaintiff |
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Term
| false imprisonment (intentional tort) |
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Definition
| shop keepers restraint, hold for a reasonable time and matter. physical restraint is when its considered. |
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Term
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Definition
| implied liability with based on activity. so dangerous its assumed. |
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Term
| types of damages for torts |
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Definition
| compensatory, nominal, punitive |
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Term
| compensatory tort damages |
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Definition
| make victim whole again, pain and suffering, injuries |
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Term
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Definition
| intentional cases only, usually only $1 when no costly damages have been done, there to prove that defendant was guilty |
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Term
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Definition
| costly, made to punish the defendant so he/she won't do it again |
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Term
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Definition
| legally enforceable exchange of promises for an act, common law |
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Term
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Definition
| uniform commercial code-governs sale of goods |
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Term
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Definition
1) offer-i will pay you $10 for your book
2) acceptance-intent to accept, communication to accept, and mirror of offer
3) consideration-if offeree does this i will do this |
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Term
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Definition
| accepted contract when deposited at the mailbox |
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Term
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Definition
| illegal, drugs, under 18, fraud |
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Term
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Definition
| when all requirements are met |
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Term
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Definition
misrepresentation, made with intent to deceive party, relies on misrepresentation, result in injury
example: sold house knowing it floods. person buys house damages to living room. |
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Term
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Definition
duress-threats
undue influence-dr/patient teacher/student person influences others decision
mistake-account error for example |
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Term
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Definition
| under 18, insanity, intoxication |
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Term
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Definition
1) sale of land 2) debts of another
3) sale of goods $500+ 4) marriage 5) year plus before performance |
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Term
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Definition
1) complete nearly all the terms
2) honest effort to complete the rest
3)no willful departure
example house built 5 rooms painted blue but one is pink. just the cost of a newly painted blue room is in order. |
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Term
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Definition
| something must occur or contract is dismissed. example will pay $10 when this happens |
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Term
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Definition
non monetary damages awarded for beach of contract. rescission-cancel contract. reformation-change contract. specific performance- preform a certain way. injunction-court order to behave.
common-restraining order |
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Term
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Definition
| 2 to 4 years depending on state |
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Term
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Definition
| alternative dispute resolution-resolving legal issues outside the court |
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Term
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Definition
| submit disagreement to 3rd party. decision is called an award. legally binding. final. faster than court. and cheaper. |
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Term
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Definition
| mutual agreement, failure to perform, conditions precendent(if something happens then they will act)/subsequent(if something happens then discharged) |
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Term
| legal remedies for contracts |
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Definition
| monetary, compensatory, punitive, nominal |
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