Shared Flashcard Set

Details

CPCU 530 - Chapter 9
Definitions
32
Other
Not Applicable
12/09/2007

Additional Other Flashcards

 


 

Cards

Term
Battery
Definition
intentional harmful or offensive physical contact with another person without legal justification
Term
Assault
Definition
an intentional threat of force against another person that creates a well-founded apprehension of immediate bodily contact
Term
False imprisonment
Definition
the restraint or confinement of a person without consent or legal authority
Term
False arrest
Definition
the seizure or forcible restraint of a person without legal authority
Term
Intentional infliction of emotional distress
Definition
an intentional act causing mental anguish that result in physical injury
Term
Negligent infliction of emotional distress
Definition
an unintentional act causing mental anguish that result in physical injury
Term
Defamation
Definition
a false written or oral statement that harms another’s reputation
Term
Slander
Definition
a false oral statement that harms a person’s reputation
Term
Publication
Definition
in tort law, the communication of a defamatory statement to another person
Term
Slander per se
Definition
Slander that raises a presumption of malice and that, therefore, requires no proof of harm
Term
Libel
Definition
a false written or printed statement that harms a person’s reputation
Term
Libel per se
Definition
a false written or printed statement that tends to degrade or disgrace a person and that requires no proof of harm
Term
Product disparagement, or trade libel
Definition
an intentional false or misleading statement about the quality of a plaintiff’s product, resulting in financial damage to the plaintiff
Term
Invasion of the right of privacy, or invasion of privacy
Definition
interference with a person’s right to be free from unwarranted public intrusion
Term
Bad faith or outrage
Definition
an intentional or reckless act, extreme or outrageous in nature, causing severe emotional distress that results in physical injury; generally applied in suits for breach of insurance contracts
Term
Injurious falsehood
Definition
a group of torts involving disparagement that causes harm to any kind of legally protected intangible property right
Term
Malicious interference with prospective economic advantage
Definition
a tort involving intentional interference with another’s business or with another’s expected economic advantage
Term
Malice
Definition
the intent to do a wrongful act without justification or excuse
Term
Unfair competition
Definition
Use of wrongful or fraudulent practices by a business to gain an unfair advantage over competitors
Term
Interference with employment
Definition
an unjustified intentional act that interferes with another’s valid or expected business relationship
Term
Interference with employment
Definition
an unjustified intentional act that interferes with another’s valid or expected business relationship
Term
Wrongful-life action
Definition
a lawsuit by or on behalf of a child with birth defects, alleging that, but for the doctor-defendant’s negligent advice, the parents would not have conceived the child or would have terminated the pregnancy so as to avoid the pain and suffering resulting from the child’s defects
Term
Wrongful-pregnancy action, or wrongful-conception action
Definition
a lawsuit by a parent for damages resulting from a pregnancy following a failed sterilization
Term
Malicious prosecution
Definition
the improper institution of legal proceedings against another
Term
Probable cause
Definition
the grounds that would lead a reasonable person to believe that the plaintiff committed the act for which the defendant is suing
Term
Malicious abuse of process
Definition
the use of civil or criminal procedures for a purpose for which they were not designed
Term
Conversion
Definition
the unlawful exercise of control over another person’s personal property to the detriment of the owner
Term
Chattel
Definition
tangible, movable personal property
Term
Private nuisance
Definition
an unreasonable and unlawful interference with another’s use or enjoyment of his or her real property
Term
Intentional nuisance
Definition
purposeful interference with another party’s enjoyment of his or her property
Term
Nuisance per se
Definition
an act, occupation, or structure that is a nuisance at all times and under any conditions, regardless of location or surroundings
Term
Public nuisance
Definition
an act, occupation, or structure that affects the public at large or a substantial segment of the public, interfering with public enjoyment or rights regarding property
Supporting users have an ad free experience!