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Chapter 4
Torts and Cyber Torts
39
Business
Not Applicable
03/24/2016

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Term
Business Tort
Definition
Wrongful interference with another's business rights and relationships.
Term
Cyber Tort
Definition
A tort committed in cyberspace.
Term
Compensatory Damages
Definition
A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.
Term
Punitive Damages
Definition
Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.
Term
Intentional Tort
Definition
A wrongful act knowingly committed.
Term
Tortfeasor
Definition
One who commits a tort.
Term
Assault
Definition
Any word or actin intended to make another person fearful of immediate physical harm- a reasonably believable threat.
Term
Battery
Definition
Unexcused, harmful or offensive, physical contact with another that is intentionally performed.
Term
Defense
Definition
A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.
Term
Actionable
Definition
Capable of serving as the basis of a lawsuit. Can be pursued in a lawsuit or other court action.
Term
Defamation
Definition
Anything published or publicly spoken that causes injury to another's good name, reputation, or character.
Term
Libel
Definition
Defamation in writing or another form having the quality of performance (such as a digital recording).
Term
Slander
Definition
Defamation in oral form.
Term
Privilege
Definition
In tort law, immunity from liability for an action that would otherwise be a tort.
Term
Actual Malice
Definition
The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Is required to establish defamation against public figures.
Term
Appropriation
Definition
In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
Term
Fraudulent Misrepresentation
Definition
Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
Term
Puffery
Definition
A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties.
Term
Trespass to Land
Definition
Entry onto above, or below the surface of land owned by another without the owner's permission or legal authorization.
Term
Trespass to Personal Property
Definition
Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property.
Term
Conversion
Definition
Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another.
Term
Disparagement of Property
Definition
An economically injurious falsehood about another's product or property.
Term
Slander of Quality (Trade Libel)
Definition
The publication of false information about another's product, alleging that it is not what its seller claims.
Term
Slander of Title
Definition
The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.
Term
Negligence
Definition
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
Term
Duty of Care
Definition
The duty of all persons to exercise a reasonable amount of care in their dealings with others.
Term
Reasonable Person Standard
Definition
The standard of behavior expected of a hypothetical "reasonable person." It is the standard against which negligence is measured and that must be observed to avoid liability fro negligence.
Term
Business Invitee
Definition
A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.
Term
Malpractice
Definition
Professional misconduct or the lack of the requisite degree of skill as a professional (negligence).
Term
Causation in Fact
Definition
An act or omission without which an event would not have occurred.
Term
Proximate Cause
Definition
Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability.
Term
Assumption of Risk
Definition
A defense of negligence. A plaintiff may not revoker for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.
Term
Contributory Negligence
Definition
A rule in tort law, used in only a few states, the completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault.
Term
Comparative Negligence
Definition
A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.
Term
Res Ipsa Loquitur
Definition
A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."
Term
Negligence Per Se
Definition
An action or failure to act in violation of a statutory requirement.
Term
Good Samaritan Statute
Definition
A state statute stimulation that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby causing further harm.
Term
Dram Shop Act
Definition
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public , for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
Term
Strict Liability
Definition
Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods.
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