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Business Law Chapter 5
Terms in this set (56)
What is the French word for a "wrong"?
Which type of law is between a government and a person?
Which type of law is between a person and another person?
What type of law is tort?
What are monetary damages that are sough from the offending party?
What percent of all crimes are from people who don't have a nickel to their name?
What is a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries?
What is the liability of an employer for the torts of their employees committed in the scope of the employees employment?
What is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm?
Is actual physical contact necessary for an assault?
What is unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury?
Is actual physical contact necessary for a battery?
no, it could be indirect physical contact
If party A intends to harm party B, but actually injures party C, they are still responsible under the...
Doctrine of Transferred Intent
What is the intentional confinement or restraint of another person without authority or justification and without that person's consent?
What are statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment?
Merchant Protection Statutes
What are the three elements that must be met for the merchant protection statute?
1. there are reasonable grounds for suspicion
2. suspects detained for only a reasonable time
3. investigations are conducted in a reasonable manner
What is an attempt by another person to appropriate a living person's name or identity for commercial purposes?
Misappropriation of the right to publicity or tort of appropriation
What is the tort that constitutes the violation of a person's right to live his or her life without being subjected to unwanted and undesired publicity?
Invasion of the Right to Privacy
What are false statements made by one person about another?
Defamation of Character
What must the plaintiff prove in a defamation of character?
1. the defendant made an untrue statement of fact about the plaintiff
2. the statement was intentionally or accidentally published to a third party
What is the oral defamation of character?
What is a false statement that appears in a letter, newspaper magazine, book, photograph, movie, video, and so on?
Most courts hold that defamatory statements of radio and television broadcasts are considered ______ because of the permanency of the media.
What is a false statement about a competitor's products, services, property, or business reputation?
What is intentional misrepresentation also known as?
What are the 4 elements required to find fraud?
1. the wrongdoer made a false representation
2. the wrongdoer knew the representation was false and intended to deceive the party
3. the party justifiably relied on the misrepresentation
4. the party was injured or loss of money
What is the intentional defrauding of a person out of money, property, or something else of value?
What is a tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress?
intentional infliction of emotional distress
What is intentional infliction of emotional distress also known as?
the tort of outrage
What is a lawsuit in which the original defendant sues the original plaintiff? The defendant becomes the plaintiff and vice versa.
What are the two categories of property?
real property and personal property
What is a tort that interferes with an owners right to exclusive possession of land?
trespass to land
What is unintentional torts commonly referred to as?
What is a doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions?
What is the omission to do something which a reasonable man would do or doing something which a prudent and reasonable man would not do?
What are the 4 elements of negligence?
1. the defendant owed a duty of care to the plaintiff
2. the defendant breached this duty of care
3. the plaintiff suffered injury
4. the defendant's negligent act was the cause of the plaintiff's injury
What is the obligation people owe each other not to cause any unreasonable harm or risk of harm?
duty of care
What is a failure to exercise care or to act as a reasonable person would act?
breach of duty of care
What is the actual cause also called?
causation in fact
What is proximate cause also called?
What is the liability of a professional who breaches his or her duty of ordinary care?
What is a tort in which the violation of a statue or an ordinance constitutes the breach of the duty of care?
Negligence per se
What does res ipsa loquitur mean?
the thing speaks for itself
What is a tort in which the presumption of negligence arises because the defendant was in exclusive control of the situation and the plaintiff would not have suffered injury but for someone's negligence?
Res Ipsa Loquitur
What is a statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations?
Good Samaritan law
A dram shop is?
Taverns and bartenders can be held civilly liable for injuries caused to or by patrons who were served too much alcohol.
Dram Shop Acts
What is it that firefighter's can not sue negligent party for injuries incurred putting out fires?
Persons who are injured going to the rescue of another can sue the person who caused the dangerous situation under the...?
"Danger Invites Rescue" Doctrine
What is the duty of utmost care to passengers and guests?
Liability of Common Carriers and Innkeepers
What is an event for which a defendant is not responsible?
superseding or intervening event
What is 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?
assumption of the risk
What is a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant?
What is a doctrine under which damages are apportioned according to fault?
What provides that a plaintiff must be less than 50 percent responsible for causing his or her own injuries to recover under comparative negligence?
partial comparative negligence
What is liability without fault?
A contract that has been put into words, either spoken or written, is referred to as a/an...?
a trustee has legally begun the process to sell property secured by a trust deed. after the notice of default is recorded, the trustee must wait at least 3 months before
As the deadline approaches for the closing date established in the buyer's sales agreement, the buyer's loan application has not yet been approved but appears to be headed for approval. The loan originator should
A buyer is to assume an existing loan of $80,000 at 9.5% with the approval of the lender. The interest on the loan, which is paid in arrears, would appear on the closing statement as:
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