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Ch. 12 Key Terms
Terms in this set (41)
Capable of serving as the basis of a lawsuit.
A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.
In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
assumption of risk
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
The unprivileged, intentional touching of another.
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.
Wrongful interference with the business rights of another.
causation in fact
An act or omission without ("but for") which an event would not have occurred.
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.
The wrongful taking, using, or retaining possession of personal property that belongs to another.
A tort committed via the Internet.
Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.
disparagement of property
An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.
dram shop act
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
duty of care
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the "reasonable person standard," constitutes the tort of negligence.
fraudulent misrepresentation (fraud)
Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
Good Samaritan statute
A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence.
A wrongful act knowingly committed.
Defamation in writing or other form (such as in a videotape) having the quality of permanence.
Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence—the failure to exercise due care—on the part of a professional, such as a physician or an attorney, is commonly referred to as malpractice.
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
negligence per se
An act (or failure to act) in violation of a statutory requirement.
In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation.
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities.
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
reasonable person standard
The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.
res ipsa loquitur
A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."
Defamation in oral form.
slander of quality
The publication of false information about another's product, alleging that it is not what its seller claims.
slander of title
The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. Also called trade libel.
Bulk, unsolicited (junk) e-mail.
An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.
A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.
One who commits a tort.
The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality.
trespass to land
The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.
trespass to personal property
The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.
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