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20 terms

Chapter 9: Torts

Business Law Gateway CC
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absolute privilege
complete defense against the tort of defamation, as in the speeches of members of Congress on the floor and witnesses in a trial.
contract interference
tort in which a third party interferes with others' freedom to contract.
contributory negligence
negligence of the plaintiff that contributes to injury and at common law bars from recovery from the defendant although the defendant may have been more negligent than the plaintiff.
defamation
untrue statement by one party about another to a third party.
false imprisonment
intentional detention of a person without that person's consent; called the shopkeeper's tort when shoplifters are unlawfully detained.
intentional infliction of emotional distress
tort that produces mental anguish caused by conduct that exceeds all bounds of decency.
intentional tort
civil wrong that results from intentional conduct.
invasion of privacy
tort of intentional intrusion into the private affairs of another.
libel
written or visual defamation without legal justification.
malpractice
when services are not properly rendered in accordance with commonly accepted standards; negligence by a professional in performing his or her skill.
negligence
failure to exercise due care under the circumstances in consequence of which harm is proximately caused to one to whom the defendant owed a duty to exercise due care.
product disparagement
false statements made about a product or business.
qualified privilege
media privilege to print inaccurate information without liability for defamation, so long as a retraction is printed and there was no malice.
shopkeeper's privilege
right of a store owner to detain a suspected shoplifter based on reasonable cause and for a reasonable time without resulting liability for false imprisonment.
slander
defamation of character by spoken words or gestures.
slander of title
malicious making of false statements as to a seller' title.
strict liability
civil wrong for which there is absolute liability because of the inherent danger in the underlying activity, for example, the use of explosives.
tort
civil wrong that interferes with one's property or person.
trade libel
written defamation about a product or service.
trespass
unauthorized action with respect to person or property.