Term
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Definition
| a wrong. There are three categories of torts: 1. intentional torts, 2. unintentional torts, & 3. strict liability. |
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Term
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Definition
| a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries. |
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Term
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Definition
| the threat of immediate harm or offensive contact, or any action that arouses reasonable apprehension of imminent harm. |
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Term
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Definition
| unauthorized and harmful or offensive physical contact with another person. |
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Term
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Definition
| the intentional confinement or restraint of another person without authority or justification and without that person's consent |
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Term
| Merchant protection statute |
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Definition
| a state statute that allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if 1. there are reasonable grounds for the suspicion, 2. suspects are detained for only a reasonable time, and 3. investigations are conducted in a reasonable manner. |
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Term
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Definition
1. an untrue statement of fact about the plaintiff.
2. the statement was intentionally or accidentally published to a third party.
3. ends upon death. |
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Term
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Definition
| oral defamation of character |
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Term
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Definition
| a false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video or other media. |
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Term
| Disparagement or Trade Libel |
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Definition
| an untrue statement made by one person or business about the products, services, property, or reputation of another business. |
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Term
| Misappropriation of the right to publicity |
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Definition
| a tort in which one party appropriates a person's name or identity for commercial purposes. |
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Term
| Invasion of the right to privacy |
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Definition
| a tort that constitutes the violation of a person's right to live his or her life without being subjected to unwarranted and undesired publicity. |
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Term
| intentional infliction of emotional distress |
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Definition
| a tort that occurs when a person's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person. Also known as the tort of outrage. |
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Term
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Definition
| a lawsuit in which the original defendant sues the original plaintiff for bringing a lawsuit without probable cause and with malice. |
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Term
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Definition
1. the wrongdoer made a false representation of material fact.
2. the wrongdoer intended to deceive the innocent party.
3. the innocent party justifiably relied on the misrepresentation.
4. the innocent party was injured. |
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Term
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Definition
| interference with an owner's right to exclusive possession of land |
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Term
| trespass to personal property |
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Definition
| whenever one person injures another person's personal property or interferes with that person's enjoyment of his or her personal property |
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Term
| unintentional tort/negligence |
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Definition
| a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions. |
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Term
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Definition
| the obligation we all owe each other not to cause any unreasonable harm or risk of harm. |
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Term
| breach of the duty of care |
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Definition
| failure to exercise care or to act as a reasonable person would act. |
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Term
| reasonable person standard |
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Definition
| how an objective, careful, and conscientious person would have acted in the same circumstances. |
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Term
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Definition
| breach is not actionable unless the plaintiff suffers injury |
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Term
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Definition
| a person who commits a negligent act is not liable unless this act was the cause of the plaintiff's injuries. |
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Term
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Definition
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Term
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Definition
| legal cause- foreseeability |
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Term
| Professional Malpractice (Special Negligence) |
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Definition
| the liability of a professional who breaches his or her duty of ordinary care. |
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Term
| Negligent infliction of emotional distress (Special Negligence) |
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Definition
| a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct. |
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Term
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Definition
| Tort where the violation of a statute or ordinance constitutes the breach of the duty of care. |
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Term
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Definition
| tort where the presumption of negligence arises, because 1. the defendant was in exclusive control of the situation, and 2.the plaintiff would not have suffered injury but for someone's negligence. the burden switches to the defendant to prove they were not negligent. |
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Term
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Definition
| a state statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations |
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Term
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Definition
| Makes taverns and bartenders civilly liable for injuries cause to or by patron who are serve to much alchohol |
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Term
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Definition
| a person who has been expressly or impliedly invited onto the owner's premises for the mutual benefit of both parties (guests, mail carrier) |
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Term
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Definition
| a person who, for his or her own benefit, enters the premises with the express or implied consent of the owner. (Salesperson, Jehovah's Witness) |
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Term
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Definition
| a person who has no invitation, permission or right to be on another's property. |
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Term
| duty not to willfully or wantonly injure |
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Definition
| the duty an owner or renter of real property owes a trespasser to prevent intentional injury or harm to the trespasser when the trespasser is on his or her premises. |
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Term
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Definition
1. superseding or intervening event
2. assumption of risk
3. contributory negligence
4. comparative negligence |
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Term
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Definition
| a defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury. |
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Term
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Definition
| a plaintiff who is partially at fault for his or her own injury cannnot recover against the negligent defendant. |
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Term
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Definition
| a doctrine under which damages are apportioned according to fault. |
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Term
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Definition
| the liability of manufacturers, sellers, and others for the injuries caused by defective products. |
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Term
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Definition
| a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect irrespective of fault |
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Term
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Definition
| all manufacturers, distributors, wholesalers, retailers, lessors, and sub-component manufacturers involved in a transaction. |
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Term
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Definition
| meant to punish the defendant and to send a message to the defendant that such behavior will not be tolerated |
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Term
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Definition
| something wrong, inadequate, or improper in manufacture, design, packaging, warning, orsafety measures of a product |
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Term
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Definition
| occurs when the manufacturer fails to 1. properly assemble a product, 2. properly test a product, or 3. adequately check the quality of the product |
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Term
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Definition
| failure of manufacturer's duty to warn of products dangerous propensities. |
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Term
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Definition
| a flaw that occurs when a product is improperly designed. |
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Term
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Definition
| a manufacturers failure to meet the duty of safe packaging for their products |
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Term
| failure to provide adequate instructions |
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Definition
| for either safe assembly or safe use of a product |
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Term
| defenses to product liability |
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Definition
1. Generally known danger
2. government contractor defense
3. Misuse of product
4. supervening event |
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