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Study sets matching "term:373 = _____ damages intended to punish a defendant and deter the defendant and others from engaging in the same tortious conduct in the future are called:"

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Study sets matching "term:373 = _____ damages intended to punish a defendant and deter the defendant and others from engaging in the same tortious conduct in the future are called:"

9 terms
Purpose and types of civil remedies
Purpose of civil remedies
Compensatory Damages
Nominal Damages
Exemplary Damages
*To return the plaintiff to the position they were in before…
Compensates for pain, injury or financial loss suffered:... Spec…
Are small damages for minimal loss where there has been a bre…
Are large damages against the defendant and are intended to m…
Purpose of civil remedies
*To return the plaintiff to the position they were in before…
Compensatory Damages
Compensates for pain, injury or financial loss suffered:... Spec…
15 terms
Business Law Ch 8
consent
defense of others
self-defense
defense of property
mitigates the element of unwanted battery did not occur becau…
you tried to defend another from the unwanted contact with a…
responding to the force of another with reasonable force to d…
reasonable force to defend your property from an intruder
consent
mitigates the element of unwanted battery did not occur becau…
defense of others
you tried to defend another from the unwanted contact with a…
15 terms
ch. 8 bul
Intentional tort
negligent tort
strict liability tort
Tort law
-when defendant acts with the intention that the action cause…
defendant fails to act in a reasonable way that subjects othe…
defendant takes an action that is inherently dangerous and ca…
assumes people intend normal consequences to their actions ... -…
Intentional tort
-when defendant acts with the intention that the action cause…
negligent tort
defendant fails to act in a reasonable way that subjects othe…
12 terms
Business Law Chapter 9
Negligence
To win a negligence case, the plaintif…
Tortfeasor
Duty of care definiton
Courts trying to impose liability
1. Defendant owed plaintiff duty of care... 2. Defendant breache…
Does not intend on the consequences of the act and does not b…
Defendant owes duty to protect plaintiff from foreseeable ris…
Negligence
Courts trying to impose liability
To win a negligence case, the plaintif…
1. Defendant owed plaintiff duty of care... 2. Defendant breache…
10 terms
Chapter 9
The Insuring Agreement
Bodily Injury
Property Damage
Third Party Coverage
the insurer agrees to pay all sums which the insured shall be…
Physical injury sustained and associated with external causes
physical injury to tangible property as well as the resulting…
for damage or injury caused by insured to third party. Provid…
The Insuring Agreement
the insurer agrees to pay all sums which the insured shall be…
Bodily Injury
Physical injury sustained and associated with external causes
8 terms
Busa 2810 test 3
Torts
Compensatory Damages
Punitive Damages
Intentional Tort
Designed to compensate those who have suffered a loss or inju…
Awarded to compensate or reimburse the plaintiff for actual l…
Awarded to punish the wrongdoer and deter others from similar…
Requries intent.
Torts
Designed to compensate those who have suffered a loss or inju…
Compensatory Damages
Awarded to compensate or reimburse the plaintiff for actual l…
22 terms
COB 218 CH. 6
Tort
Intentional Torts
Negligent Torts
Strict Liability Torts
A civil wrong or injury to another, other than breach of cont…
Occur when defendant takes action intending that certain cons…
Occur when defendant acts in a careless way that subjects oth…
Occur when defendant undertakes an "inherently dangerous" act…
Tort
A civil wrong or injury to another, other than breach of cont…
Intentional Torts
Occur when defendant takes action intending that certain cons…
20 terms
CH 9: Negligence & Strict Liability
Negligence
Unfortunate Accident
Duty
Reasonable Person Standard
behavior that creates unreasonable risk of harm to others
incident that could not have been avoided even with care
the standard of care that defendant owes the plaintiff
measurement of the way members of society expect an individua…
Negligence
behavior that creates unreasonable risk of harm to others
Unfortunate Accident
incident that could not have been avoided even with care
82 terms
bus311 quiz 3 ch 8,9,10
tort
intentional tort
negligent torts
strict-liability torts
civil wrong
when the defendant takes an action intending certain conseque…
defendant acts in a way that subjects people to unreasonalbe…
when defendant takes an aaction that is inherently dangerous…
tort
civil wrong
intentional tort
when the defendant takes an action intending certain conseque…
18 terms
Tort Law: Causation, Remoteness and Defences
causation
The "But for" Test
Fairchild v.Glenhaven Funeral Services
Cook v. Lewis
Requirement to prove that negligent act was a cause, NOT the…
Test used to determine whether "but for defendant's negligenc…
Factual uncertainty case in which the plaintiff had died of m…
Factual uncertainty case in which a plaintiff was shot in the…
causation
Requirement to prove that negligent act was a cause, NOT the…
The "But for" Test
Test used to determine whether "but for defendant's negligenc…
12 terms
DRAFT Tort Law - Ch 7 - trm
Compensatory Damages
2 Categories of Compensatory Damages
Punitive Damages
Nominal Damages
designed to compensate plaintiff for loss or injury suffered
General-results from type of conduct; and Special-specific or…
intended to punish def. for reckless/egregious misconduct/to…
awarded when no actual damages have been proved (tort is show…
Compensatory Damages
designed to compensate plaintiff for loss or injury suffered
2 Categories of Compensatory Damages
General-results from type of conduct; and Special-specific or…
18 terms
Ch. 9: Negligence and Strict Liability
negligence
unfortunate accident
reasonable person standard
actual cause
behavior that creates an unreasonable risk of harm to others
an accident that simply could not be avoided even with reason…
measurement of the way members of society expect an individua…
the defendant's breach of duty resulted directly in the plain…
negligence
behavior that creates an unreasonable risk of harm to others
unfortunate accident
an accident that simply could not be avoided even with reason…
19 terms
Dispute resolution
Negotiation
Mediation
Tort
Intentional tort
Most disputes are resolved this way, could last several days…
Fastest growing method in U.S. Here, a mediator or neutral pe…
A Civil wrong or injury to another, other than breach of cont…
Occurs when defendant takes action intending that certain con…
Negotiation
Most disputes are resolved this way, could last several days…
Mediation
Fastest growing method in U.S. Here, a mediator or neutral pe…
26 terms
Bus Law Chap 9
Negligence
Unfortunate accident
Reasonable person standard
to prove negligence
behavior that creates an unreasonable risk of harm to others
an incident that simply could not be avoided, even with reaso…
measurement of the way members of society expect an individua…
1) duty ... 2) breach of duty... 3) causation... 4) damages
Negligence
behavior that creates an unreasonable risk of harm to others
Unfortunate accident
an incident that simply could not be avoided, even with reaso…
18 terms
Ch 9 Vocab (Negligence and Strict Liability)
Actual Cause (218)
Assumption of the risk (226)
Compensatory Damages (220)
Contributory negligence (224)
cause in fact... determination that the defendant's breach of du…
defendant must prove that the plaintiff voluntarily and unrea…
damages intended to reimburse a plaintiff for her or his losses
cases in which the defendant and the plaintiff are both negle…
Actual Cause (218)
cause in fact... determination that the defendant's breach of du…
Assumption of the risk (226)
defendant must prove that the plaintiff voluntarily and unrea…
45 terms
BUSINESS LAW _Lecture 4_Torts and Cyber Torts
Tort
Business Tort
Cyber Tort
Damages
A wrongful act (other than a breach of contract) that results…
Wrongful interference with another's business rights and rela…
A tort committed in cyberspace.
A monetary award sought as a remedy for a breach of contract…
Tort
A wrongful act (other than a breach of contract) that results…
Business Tort
Wrongful interference with another's business rights and rela…
22 terms
BusLaw Ch. 9-Negligence and Strict Liability
Elements of Negligence
Negligence
Duty
Breach of duty
Duty... Breach of duty... Causation... Damages
behavior that creates an unreasonable risk of harm to others
The standard of care that the defendant (i.e., a reasonable p…
The defendant's lack of maintaining the standard of care a re…
Elements of Negligence
Duty... Breach of duty... Causation... Damages
Negligence
behavior that creates an unreasonable risk of harm to others
17 terms
Business Law Chapter 9
Negligence
Unfortunate Accident
Reasonable Person Standard
Actual Cause
behavior that creates an unreasonable risk of harm to others
an incident that simply could not be avoided, even with reaso…
a measurement of the way members of society expect an individ…
the determination that the defendant's breach of duty resulte…
Negligence
behavior that creates an unreasonable risk of harm to others
Unfortunate Accident
an incident that simply could not be avoided, even with reaso…
28 terms
BLAW chapter 7
tort
intentional tort
negligent tort
strict liability tort
a wrong/injury to another other than a breach of contract
when defendant takes action intending that certain consequenc…
when defendant acts in a way that subjects others to unreason…
defendant takes action that's inherently dangerous and can't…
tort
a wrong/injury to another other than a breach of contract
intentional tort
when defendant takes action intending that certain consequenc…
25 terms
Law Chapter 6 Torts
Tort
Goals of tort law
Intentional tort
Negligent tort
Civil wrong or injury to another giving the injured party the…
-compensation ... - discourage private retaliation by injured pa…
When defendant takes action intending that a certain conseque…
When defendant acts in a careless way the subjects other peop…
Tort
Civil wrong or injury to another giving the injured party the…
Goals of tort law
-compensation ... - discourage private retaliation by injured pa…
54 terms
Torts and Cyber Torts
Tort
Business Tort
Cyber Tort
Damages
A wrongful act (other than a breach of contract) that results…
Wrongful interference with another's business rights and rela…
A tort committed in cyberspace.
A monetary award sought as remedy for a breach of contract or…
Tort
A wrongful act (other than a breach of contract) that results…
Business Tort
Wrongful interference with another's business rights and rela…
18 terms
Chapter 6
Tort
Compensatory Damages
special damages
general damages
law designed to compensate those who have suffered a loss or…
compensate or reimburse the plaintiff for actual losses
quantifiable monetary loses. medical expenses, lost wages or…
non-monetary aspects of the harm sufered
Tort
law designed to compensate those who have suffered a loss or…
Compensatory Damages
compensate or reimburse the plaintiff for actual losses
20 terms
Business Law Chapter 6
torts
What is the purpose of tort law?
compensatory damages
special damages
wrongs and compensation. Any time that one party's allegedly…
to provide remedies for the violation of various protected in…
compensate or reimburse the plaintiff for actual losses. Make…
compensate the plaintiff for quantifiable monetary losses
torts
wrongs and compensation. Any time that one party's allegedly…
What is the purpose of tort law?
to provide remedies for the violation of various protected in…
32 terms
Unit 6
false
punitive damages
compensatory damages
disparagement
t/f a teacher cannot beg held liable for copyright infringeme…
to punish the offender and to deter others from committing si…
the primary type of damages in tort law is referred to as...
defamation of a business product or service
false
t/f a teacher cannot beg held liable for copyright infringeme…
punitive damages
to punish the offender and to deter others from committing si…
Chapter 4 Torts and Cyber Torts
tort
Business Tort
Cyber Tort
Damages
A wrongful act (other than a breach of contract) that results…
Wrongful interference with another's business rights and rela…
A tort committed in cyberspace
A monetary award sought as a remedy for a breach of contract…
tort
A wrongful act (other than a breach of contract) that results…
Business Tort
Wrongful interference with another's business rights and rela…
36 terms
Business law Chapter 9
Negligence
Unfortunate Accident
Plaintiff of Negligence must prove: (4)
Duty
behavior that creates an unreasonable risk of harm to others…
incident that simply couldn't be avoided, even with reasonabl…
1. Duty... 2. Breach of duty... 3. Causation:... 4. Damages
standard of care a reasonable person owes another... Plaintiff m…
Negligence
behavior that creates an unreasonable risk of harm to others…
Unfortunate Accident
incident that simply couldn't be avoided, even with reasonabl…
15 terms
BL EXAM 3
Tort
Intentional Torts
Negligent Torts
Strict Liability Torts
A tort is a civil wrong or injury to another, other than a br…
Torts—Occur when defendant takes action intending that certai…
Occur when a defendant acts in a careless way that subjects o…
Occur when defendant undertakes an "inherently dangerous" act…
Tort
A tort is a civil wrong or injury to another, other than a br…
Intentional Torts
Torts—Occur when defendant takes action intending that certai…
19 terms
Ch 9
negligence
unfortunate accident
four elements for negligence:
reasonable person standard
behavior that creates an unreasonable risk of harm to others;…
an accident that simply could not be avoided, even with reaso…
- duty... - breach of duty... - causation... - damages
a measurement of the way members of society expect an individ…
negligence
behavior that creates an unreasonable risk of harm to others;…
unfortunate accident
an accident that simply could not be avoided, even with reaso…
20 terms
Chapter 9: Negligence and Strict Liability
negligence
unfortunate accident
reasonable person standard
duty
behavior that creates an unreasonable risk to others
an incident that simply could not be avoided, even with reaso…
measurement of the way members of society expect an individua…
the standard of care a reasonable person owes another
negligence
behavior that creates an unreasonable risk to others
unfortunate accident
an incident that simply could not be avoided, even with reaso…
24 terms
Unit 3.2 - Torts and Strict Liability
Assault
Assumption of Risk
Battery
Business invitee
Any word or action intended to make another person fearful of…
A defense against negligence that can be used when the plaint…
The unprivileged, intentional touching of another.
Those people, such as customers or clients, who are invited o…
Assault
Any word or action intended to make another person fearful of…
Assumption of Risk
A defense against negligence that can be used when the plaint…
24 terms
ACCT Ch. 20
Circumstances Resulting in Discharge o…
Material Breach
Condition Precedent
Condition Subsequent
occurrence or non-occurrence of a condition, complete or subs…
occurs when party unjustifiably fails to substantially perfor…
particular event that must occur for a party's duty to arise
future event that terminates obligations of parties when it o…
Circumstances Resulting in Discharge o…
occurrence or non-occurrence of a condition, complete or subs…
Material Breach
occurs when party unjustifiably fails to substantially perfor…
86 terms
Chapter 6 - Torts and Crimes
tort
tort law
compensatory damages
special damages and general damages
A civil wrong not arising from a breach of contract. A breach…
the purpose of _____ is to provide remedies for the violation…
A money award equivalent to the actual value of injuries or d…
compensatory damage awards are often broken down into _____ a…
tort
A civil wrong not arising from a breach of contract. A breach…
tort law
the purpose of _____ is to provide remedies for the violation…
57 terms
Chapter 5 the foundation
Tort
Damages
What is the purpose of tort law?
Two notions serve as the basis of all…
A wrongful act (other than a breach of contract) that results…
A monetary award sought as a remedy for a breach of contract…
The purpose of tort law is to provide remedies for the violat…
Wrongs and compensation
Tort
A wrongful act (other than a breach of contract) that results…
Damages
A monetary award sought as a remedy for a breach of contract…
13 terms
BLAW Test 2
Punitive damages
Compensatory damages
Tort Action
Compensatory Damages
intended to punish a wrongdoer and deter others from similar…
compensate a person for actual losses
A civil action in which one person brings a personal suit aga…
Covers special damages and General damages
Punitive damages
intended to punish a wrongdoer and deter others from similar…
Compensatory damages
compensate a person for actual losses
20 terms
Business Law Chapter 9
Negligence
Unfair accident
Four elements of negligence
Reasonable person standard
Behavior that creates an unreasonable risk of harm to others…
An incident that simply could not be avoided, even with reaso…
1) Duty - standard of care reasonably owed to another... 2) Brea…
A measurement of the way members of society expect an individ…
Negligence
Behavior that creates an unreasonable risk of harm to others…
Unfair accident
An incident that simply could not be avoided, even with reaso…
26 terms
COB 218 Exam 2 Ch. 12 Terms
Discharge of Contract
How discharge of contract occurs
Substantial peformance
Conditions precedent
Refers to the end of the duty to perform imposed by the contr…
performance, conditions met/never met, material breach, agree…
contract duties almost completed, there was an effort to comp…
duty to perform only arises when a specified event occurs
Discharge of Contract
Refers to the end of the duty to perform imposed by the contr…
How discharge of contract occurs
performance, conditions met/never met, material breach, agree…
28 terms
Chapter 6
Tort
Goals of Tort Law
Intentional Torts
Negligent Torts
a civil wrong or injury to another, other than breach of cont…
To provide compensation to wronged parties, maintain societal…
Occur when defendant takes action intending that certain cons…
Occur when defendant acts in a careless way that subjects oth…
Tort
a civil wrong or injury to another, other than breach of cont…
Goals of Tort Law
To provide compensation to wronged parties, maintain societal…
32 terms
Business Law: Chapter 7 Vocabulary
Tort
Intentional Torts
Negligent Torts
Strict-liability torts
Wrong or injury to another, other than a breach of contract
Defendant takes an action intending that certain consequences…
when the defendant acts in a way that subjects other people t…
defendant takes an action that is inherently dangerous and ca…
Tort
Wrong or injury to another, other than a breach of contract
Intentional Torts
Defendant takes an action intending that certain consequences…
16 terms
Business Law Chapter 9
Negligence
Unfortunate Accident
Reasonable Person Standard
Actual Cause
Behavior that creates an unreasonable risk of harm to others.
An accident that simply could not be avoided, even with reaso…
A measurement of the way members of society except an individ…
The determination that the defendant's breach of duty resulte…
Negligence
Behavior that creates an unreasonable risk of harm to others.
Unfortunate Accident
An accident that simply could not be avoided, even with reaso…
29 terms
Chapter 5
tort
damages
master-servant rule
negligence
private or civil wrong for which the law grants a remedy
monetary award by the court to a person who has suffered loss…
holds the master (employer) liable for the conduct of the ser…
most common tort based on careless
tort
private or civil wrong for which the law grants a remedy
damages
monetary award by the court to a person who has suffered loss…
36 terms
Ch. 7 - Tort Law
Tort
Objective of criminal law
Objective of tort law
Intentional Tort
Wrong or injury to another, other than a breach of contract
Punish wrongdoers and preserve societal order
Provide compensation for injured parties
Wrong where the defendant takes an action intending that cert…
Tort
Wrong or injury to another, other than a breach of contract
Objective of criminal law
Punish wrongdoers and preserve societal order
31 terms
BUSFIN 3500 Chapter 9
negligence
unfortunate accident
elements of negligence case
duty
behavior that creates an unreasonable risk of harm to others,…
incident that simply couldn't have been avoided, even with re…
1. Duty... 2. Breach of duty... 3. Causation... 4. Damages
element of negligence case; plaintiff must establish that def…
negligence
behavior that creates an unreasonable risk of harm to others,…
unfortunate accident
incident that simply couldn't have been avoided, even with re…
40 terms
BULE 302 - Chapter Five Terms
Tort
Business Tort
Cyber Tort
Damages
A civil wrong not arising from a breach of contract; a breach…
Wrongful interference with another's business rights.
A tort committed in cyberspace.
Money sought as a remedy for a breach of contract or a tortio…
Tort
A civil wrong not arising from a breach of contract; a breach…
Business Tort
Wrongful interference with another's business rights.
21 terms
Chapter 4 part 1
Tort
Business Tort
cyber tort
Damages
A civil wrong not arising from a breach of contract; a breach…
Wrongful interference with another's business rights.
A tort committed in cyberspace.
Money sought as a remedy for a breach of contact or a tortiou…
Tort
A civil wrong not arising from a breach of contract; a breach…
Business Tort
Wrongful interference with another's business rights.
31 terms
BLAW Chapter 6: Torts
compensatory damages
special damages
general damages
punitive damages
A money award equivalent to the actual value of injuries or d…
compensate plaintiff for quantifiable monetary losses (med ex…
compensate individuals for nonmonetary aspects of the harm su…
Money damages that may be awarded to a plaintiff to punish th…
compensatory damages
A money award equivalent to the actual value of injuries or d…
special damages
compensate plaintiff for quantifiable monetary losses (med ex…
19 terms
Business Law Chapter 9
negligence
To win a negligence case, the plaintif…
reasons person standard
Actual Causation
(carelessness) behavior that creates an unreasonable risk of…
1. have duty... 2. breach of duty... 3. causation - harm was a dire…
measurement of the way members of society expect an individua…
cause in fact is the determination that the defendant's breac…
negligence
(carelessness) behavior that creates an unreasonable risk of…
To win a negligence case, the plaintif…
1. have duty... 2. breach of duty... 3. causation - harm was a dire…
69 terms
Damages
damages
nominal damages
compensatory damages
economic (special) damages
an award, typically of money, to be paid to a person as compe…
refers to a damage award issued by a court when a legal wrong…
Money awarded to a plaintiff to compensate for damages, injur…
refers to compensation for objectively verifiable monetary lo…
damages
an award, typically of money, to be paid to a person as compe…
nominal damages
refers to a damage award issued by a court when a legal wrong…
26 terms
BLAW Chapter 7
torts
compensatory damages
punitive damages
tortfeasor
civil wrong not arising from a breach of contract, but a brea…
money award equivalent to the actual value of injuries or dam…
money damages awarded to plaintiff to punish the defendant an…
one who commits a tort
torts
civil wrong not arising from a breach of contract, but a brea…
compensatory damages
money award equivalent to the actual value of injuries or dam…
57 terms
Law Chapt 5
tort
damages
liability
tort law
a civil wrong for which the law will provide a remedy in the…
monetary compensation awarded by the court in a lawsuit
a legal obligation or responsibility one may have to another…
or proceeding involves the right of an individual, corp, or o…
tort
a civil wrong for which the law will provide a remedy in the…
damages
monetary compensation awarded by the court in a lawsuit
39 terms
Business Law Ch 6
actionable
actual malice
assault
assumption of risk
Capable as serving as the basis of a lawsuit
a condition that exists when a person makes a statement with…
Any word or action intended to make another person fearful of…
A defense against negligence that can be used when the plaint…
actionable
Capable as serving as the basis of a lawsuit
actual malice
a condition that exists when a person makes a statement with…
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