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| A civil wrong arising from breach of cx. A breach of lgl duty that proximately causes harm/injury to another. |
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| Wrongful interference w/ another's business rights |
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| Money sought as a remedy for a breach of cx/tortious action |
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| Tort committed in cyberspace |
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| A wrongful act knowingly committed |
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| Any word or ax intended to make another person fearful of immediatge physical harm; a reasonably believeable threat |
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| The unprivileged, intentional touching of another |
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| A reason offered and alleged by a defendant in an action or suit as to why the plaintiff should not recover or establish what they seek |
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| Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action |
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| Anything published/publicly spoken that causes injury to another's good name, reputation, or character |
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| A lgl right/exemption/immunity granted to a person/class of persons. |
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| In a defamation suit, a stmt made about a public figure must be made with this (w/ knowledge of its untruth/reckless disregard to truth) for liablity to be incurred |
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| In tort law, the use by one person of another person's name/likeness/other id-ing characteristics w/o permission & for benefit of the user |
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| FRAUDULENT MISREPRESENTATION |
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| Any misrepresentation, either by misstatement/omission of material fact, knowingly made w/ intention to decieve another & on which a reasonable would & does rely upon to their detriment |
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| A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinion, and not facts. Not considered to be legally binding promises/warranties |
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| Business behavior that is undertaken w/ intention of unlawfully driving competitors out of the market. |
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| The entry onto, or below, the surface of a land owned by another w/o owner's permission/ lgl auth |
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| TRESSPASS TO PERSONAL PROPERTY |
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| The unlawful taking/harming of another's personal property. Interference w/ another's right to the exclusive possession of their personal property |
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| Wrongfully taking/retaining possession of an individual's personal property and placing it in service of another. |
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| DISPARAGEMENT OF PROPERTY |
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| An economically injurious falsehood made about another's product/property. A general term for torts that are more specifically referred to as slander of quality/slander of title. |
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SLANDER OF QUALITY
(TRADE LIBEL) |
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Definition
| The publication of false info about another's product, alleging that it is not what its seller claims |
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| The publication of a statement that denies/casts doubt on another's lgl ownership of any property, causing financial loss to that property's owner |
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| The failure to exercise the standard of care that a reasonable person would exercise in a similar circumstance |
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| The duty of all persons, as established by tort law, to exercise a reasonable amt of care in their dealings w/ others. Failure to exercise due care, which is normally determined by the "reasonable person standard", constitutes the tort of negligence. |
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| REASONABLE PERSON STANDARD |
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| The standard of behavior expected of a hypothetical "reasonable person", the standard against which negligence is measured & that must be observed to avoid liability/negligence. |
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| A person, such as a customer/client, invited onto business premises by owner of such for bus purposes |
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| Professional misconduct/lack of requisite degree of professional skill. Negligence - failure to exercise due care |
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| $ award equivalent to actual value of injuries/damages sustained by aggrieved party |
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| $ damages that may be awarded to plaintiff to punish the defendant and deter future similar conduct. |
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| Act/omission w/o which an event would not have occurred |
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| Lgl cause; exists when connection between an act & an injury is strong enough to justify imposing liability |
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| A doctrine under which a plaintiff may not recover from injuries/damages suffered from risks they know of and voluntarily assumed |
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| A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly their fault; used in a minority of states. |
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| A rule in tort law that reduces the plaintiff's recovery in proportion to their degree of fault, rather than barring recovery completely; used in majority of states |
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| A doctrine under which negligence may be inferred simply bc an event occurred, if it is the type that would never occur in the absence of negligence. "The facts speak for themselves" |
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| An ax/failure to act in violation of a statutory requirement |
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| A state statute stipulating that persons who provide emergency services to, or rescue someone in peril cannot be sued for negligence unless they act recklessly |
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| A state statute that imposes liability on owners of bars/taverns/servers of alcohol, for injuries resulting from ax caused by drunk people when intoxication from their product was a factor |
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| Liability regardless of fault. In tort law, this is imposed on a manufacturer/seller that intros commerce a defective/dangerous good |
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