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Final Exam Review-Tort Law

Terms in this set (30)

Tort
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
Assault & Battery
the crime of threatening a person together with the act of making physical contact with them
Mental Distress
is a term used, both by some mental health practitioners and users of mental health services, to describe a range of symptoms and experiences of a person's internal life that are commonly held to be troubling, confusing or out of the ordinary.
Defamation
the action of damaging the good reputation of someone; slander or libel.
slander
the action or crime of making a false spoken statement damaging to a person's reputation.
Libel
a published false statement that is damaging to a person's reputation; a written defamation.
Conversion
the changing of real into personal property, or of joint into separate property, or vice versa.
Negligence
failure to take proper care in doing something.
Breach of Duty
occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard. A person may be liable for negligence in a personal injury case if his breach of duty caused another person's injuries.
Strict Liability
liability that does not depend on actual negligence or intent to harm.
Nuisance
person, thing, or circumstance causing inconvenience or annoyance.
Trespass
entry to a person's land or property without their permission.
Punitive Damages
damages exceeding simple compensation and awarded to punish the defendant.
Normal Damages
are a small amount of money awarded to a plaintiff in a lawsuit to show he/she was right but has suffered no significant losses. Nominal damages are awarded to vindicate a right or claim of the plaintiff, giving the plaintiff, in effect, a moral victory.
Compensatory
Money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. Compensatory damages are awarded in civil court cases where loss has occurred as a result of the negligence or unlawful conduct of another party.
Offer
A explicit proposal to contract which, if accepted, completes the contract and binds both the person that made the offer and the person accepting the offer to the terms of the contract. Related Terms: Contract, Acceptance, Counter Offer, Invitation to Treat.
Acceptance
must be judged objectively, but can either be expressly stated or implied by the offeree's conduct. To form a binding contract, acceptance should be relayed in a manner authorized, requested, or at least reasonably expected by the offeror. business law.
Genuine Agreement
to enter into a contract that is evidenced by words or conduct between the parties. voidable.
Consideration
payment or money. 2) a vital element in the law of contracts, consideration is a benefit which must be bargained for between the parties, and is the essential reason for a party entering into a contract.
Capacity
a person's authority under law to engage in a particular undertaking or maintain a particular status.
Legality
can be defined as an act, agreement, or contract that is consistent with the law or state of being lawful or unlawful in a given jurisdiction.
Option
A contract to keep an offer open for a specified period of time so that the person making the offer cannot suddenly withdraw it during that period. The right carried by that contract. The right to sell or buy a certain number of stocks or bond at a set price within a specified time period.
Express contract
contract in which all elements are specifically stated (offer, acceptance, consideration), and the terms are stated, as compared to an "implied" contract in which the existence of the contract is assumed by the circumstances.
Implied Contract
is an agreement created by actions of the parties involved, but it is not written or spoken. This is a contract assumed to have been drawn. ... A form of an implied contract is an implied warranty provided automatically by law.
Bilateral Contract
is a is a reciprocal arrangement between two parties where each promises to perform an act in exchange for the other party's act. Each party is an (a person who is bound to another) to its own promise, and an obligee (a person to whom another is obligated or bound) on the other party's promise.
Unilateral Contract
is a legally enforceable promise - between legally competent parties - to do or refrain from doing a specified, legal act or acts. In a unilateral contract, one party pays the other party to perform a certain duty.
Revocation
is the act of recall or annulment. It is the reversal of an act, the recalling of a grant or privilege, or the making void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension.
Executed Contract
To complete, and give effect or validity to, a legal document, decree, law, or judicial sentence. Fulfilling legal requirements of a contract or other instrument by signing or sealing.
Firm Offer
offer (usually in writing) which states it may not be withdrawn, revoked or amended for a specific period of time. If the offer is accepted without a change during that period, there is a firm, enforceable contract.
Mirror Image Rule
also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. The offeror is the master of one's own offer.
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