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LEGL 2700 Reed
Chapter 10: Tort in the Business Environment
33
Law
Undergraduate 2
04/12/2010

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Term
Assault
Definition
The intentional creation of immediate apprehension of injury or lack of physical activity.
Term
Assumption-of-the-Risk
Definition
Negligence doctrine that bars the recovery of damages by an injured party on the ground that such a party acted with actual or construction knowledge of the hazard causing the injury.
Term
Battery
Definition
The cause of action for physical contact that is not consented to and is offensive.
Term
Cause In Fact
Definition
The actual cause of an event; the instrument that is the responsible force for the occurrence of a certain event.
Term
Comparative Responsibility
Definition
A doctrine that compares the plaintiff's contributory fault with the defendants fault and allows the jury to reduce the plaintiffs verdict by the percentage of the plaintiffs fault.
Term
Contingency Fee
Definition
An agreement whereby an attorney is compensated for services in a lawsuit according to the agreed percentage of the amount of money received.
Term
Contributory Negligence
Definition
A failure to use reasonable care by the plaintiff in a negligence suit.
Term
Conversion
Definition
An unlawful exercise of dominion and control over anothers property that substantially interferes with property rights.
Term
Defamation
Definition
The publication of anything injurious to the good name or reputation of another.
Term
Design Defect
Definition
A defect arising when a product does not meet society's expectation for a safely designed product.
Term
Dram Shop Act
Definition
Statutes adopted in many states that imposes strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons.
Term
Duty
Definition
A legal obligation imposed by law.
Term
Exclusive Remedy Rule
Definition
The rule that limits an injured employee's claim against the employer to workers compensation.
Term
False Imprisonment
Definition
The tort of an intentional, unjustified confinement of a non-consenting person who knows of the confinement.
Term
Fraud
Definition
A false representation of fact made with the intent to deceive another that is justifiably relied upon to injury of that person.
Term
Infliction of Mental Distress
Definition
An intentional tort of the emotions that causes both mental distress and physical symptoms as a result of the defendant's outrageous behavior.
Term
Malicious Prosecution
Definition
An action for recovery of damages that have resulted to person, property, or reputation from previous unsuccessful civil or criminal proceedings that were persecuted without probable cause and with malice.
Term
Invasion of Privacy
Definition
A tort based on misappropriation of name or likeliness, intrusion upon physical solitude, or public disclosure of objectionable, private information.
Term
Libel
Definition
A defamatory written statement communicated to a third party.
Term
Negligence
Definition
A person's failure to exercise reasonable care that forseeably causes another injury.
Term
Production Defect
Definition
A defect arising when a product does not meet its manufacturer's own standards.
Term
Proximate Cause
Definition
A tort law and legal requirement that an act forseeably causes an injury.
Term
Punitive Damages
Definition
Monetary damages in excess of a compensatory award, usually granted only in intentional tort cases where defendants conduct involved some element deserving punishment.
Term
Slander
Definition
An oral defamatory statement communicated to a third person.
Term
State-of-the-Art
Definition
A defense that the defendant's product or practice was compatible with the current state of technology available at the time of the event in question.
Term
Statute of Repose
Definition
A statute that applies to product liability cases. It prohibits initiation of litigation involving products more than a certain number of years (e.g. 25) following their manufacture.
Term
Strict Liability
Definition
The doctrine under which a party may be required to respond in tort damages without regard to such party's use of due care.
Term
Tort
Definition
A civil wrong other than a breach of contract.
Term
Trespass
Definition
An act done in an unlawful manner so as to cause injury to another; an unauthorized entry upon another's land.
Term
Willful and Wanton Negligence
Definition
Extremely unreasonable behavior that causes injury.
Term
Workers Compensation
Definition
A plan for compensation for occupatinoal disease, accidental injury, and deaths of employees that arise out of employment.
Term
Injurious Falsehood
Definition
A statement of untruth that causes injury or damage to the party against whom it is made.
Term
Intentional Interference with Contractual Relations
Definition
A business tort in which persons are induced to breach of contract binding agreements.
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