| Term | Definition |
|---|
| Tort | a CIVIL "wrong" other than a breach of contract |
| Intent | the desire to bring about certain events |
| Assault | the placing of another in immediate apprehension for his or her physical safety |
| Battery | an illegal touching of another person |
| Infliction of mental distress | a battery to the emotions that carries a strong probability of causing mental distress to the person at whom it is directed. Ex: employees who were discriminated against or fired |
| Invasion of privacy | a tort based on misappropriation of name or likeness, intrusion upon physical solitude, or public disclosure of objectionable, private information |
| False imprisonment | intentional unjustified confinement of a nonconsenting person. Must be reasonable suspicion |
| Malicious prosecution | "false arrest" arises from causing someone to be arrested criminally without proper grounds |
| Trespass | to enter another's land without consent or to remain there after being asked to leave constitutes the tort of trespass |
| Conversion | the wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another |
| Defamation | the publication of untrue statements about another that hold up that individual's character or reputation to contempt and ridicule |
| Slander | defamation that is oral |
| Libel | written defamation, or defamation published over radio or television |
| Fraud | an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury |
| Injurious falsehood | sometimes called trade disparagement, is a common business tort that consists of the publication of untrue statements that disparage the business owner's product or its quality |
| Intentional interference with contractual relations | If employees are under contract to an employer for a period of time, another employer cannot induce them to break their contracts. |
| Negligence | unreasonable behavior that causes injury |
| Duty | a legal obligation by law. W/o a duty to another person, one does not owe that person reasonable care |
| Willful and wanton negligence | extreme lack of due/reasonable care that causes injury. Ex: Drunk driving. |
| Cause in fact | plaintiff must prove that the defendant actually caused the injury |
| Proximate cause | accurately termed legal cause. Those engaged in activity are legally liable only for the foreseeable risk that they cause |
| Contributory negligence | a failure to use reasonable care by the plaintiff in a negligence suit |
| Comparative responsibility | aka comparative negligence and comparative faith. A doctrine that compares the plaintiff's contributory fault with the defendant's fault and allow the jury to reduce the plaintiff's verdict by the percentage of the plaintiff's fault |
| Assumptionof-the-risk | arises from the plaintiff's knowing and willing undertaking of an activity made dangerous by the negligence of another |
| Strict liability | a catchall phrase for the legal responsibility for injury-causing behavior that is neither intentional nor negligent, verschuldensunabhägige Haftung; automatic responsibility (without having to prove negligence) for damages due to possession and/or use of equipment, materials or possessions which are inherently dangerous, such as explosives, wild animals, poisonous snakes or assault weapons. This is analogous to the doctrine of res ipsa loquitur in which control, ownership and damages are sufficient to hold the owner liable. |
| Strict products liability | the commercial sale of defective products |
| Production defects | arise when products are not manufactured to a manufacturer's own standards |
| Design defects | occur when a product is manufactured according to the manufacturer's standards, but the product injures a user due to its unsafe design |
| State-of-the-art | 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 |
| Statute of repose | 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 |
| Dram shop acts | statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons |
| Compensatory damages | awarded to make the victim of the breach "whole" in the economic sense |
| Punitive damages | a civil punishment that arises from intentional torts or extremely "willful and wanton" negligence. |
| Contingency fee | permits a plaintiff to sue without first having to pay an attorney; encourages litigation |
| Worker's compensation | state statutes designed to protect employees and their families from the risks of accidental injury, death, or disease resulting from their employment. |
| Exclusive remedy rule | the rule that limits an injured employee's claim against the employer to worker's compensation. |
Combine with other sets
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