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Study sets matching "tort business law"

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Study sets matching "tort business law"

31 terms
Business Law: Tort Law
Tort Law
Intentional Torts
Assault
Battery
a civil non-contractual wrong
first must establish intent: where the party either knew or s…
The intentional placing one in reasonable apprehension of an…
The intentional harmful or offensive touching to plaintiff or…
Tort Law
a civil non-contractual wrong
Intentional Torts
first must establish intent: where the party either knew or s…
38 terms
Business Law- Tort Law
Vicarious liability
Tort
Elements of a tort
Duty
Occurs when one person is liable for the torts of another.
A private wrong against a person
Duty... Breach... Injury... Causation
A legal obligation to do or not do something
Vicarious liability
Occurs when one person is liable for the torts of another.
Tort
A private wrong against a person
42 terms
Business Law - Tort Law
Tort Law
Private Wrong
Classifications of Torts?
Intentional Tort
- Civil wrong, other than breach of contract that causes dama…
- Victim brings a case against the wrongdoer for money damages
- Intentional Tort... - Negligence Tort... - Strict Liability Tort
- Wrongdoer intentionally performs an act that causes injury…
Tort Law
- Civil wrong, other than breach of contract that causes dama…
Private Wrong
- Victim brings a case against the wrongdoer for money damages
15 terms
Business Law - Tort Law
4 Freedoms Protected by Tort Law
Intentional tort
Types of Intentional torts: Battery
Assault
1. Freedom from bodily harm... 2. Freedom to enjoy a good reputa…
Act in a way likely to cause harm to others
Intentional, harmful, and offensive contact; can be accidenta…
Battery is threatened
4 Freedoms Protected by Tort Law
1. Freedom from bodily harm... 2. Freedom to enjoy a good reputa…
Intentional tort
Act in a way likely to cause harm to others
28 terms
Business Law-Torts (5)
tort
damages
negligence
intentional torts
A civil wrong committed against a person or propery
A sum of money paid in compensation for loss or injury in a c…
An unintentional violation of a legal duty to use a standard…
1. Deliberate, voluntary Intentional conduct by one person th…
tort
A civil wrong committed against a person or propery
damages
A sum of money paid in compensation for loss or injury in a c…
17 terms
Business Law: Tort Law
Tort
Defendant
Plaintiff
Tortfeasor
a kind of wrong committed by one person against another
A person who is accused of a crime
the party that accuses a person of a crime
A person who commits a tort
Tort
a kind of wrong committed by one person against another
Defendant
A person who is accused of a crime
9 terms
Business Law Tort Law
What are they types of "Consent"?
Self Defense (without deadly force)
Self Defense With DeadlyForce
Defense of Others
Consent in fact (Actualconsent)... Implied in fact consent... Imp…
o An actor may use force that is not likely or intended to be…
o An actor may use deadly force that is intended to be deadly…
o Generally, this has the same analysis as for self defense,…
What are they types of "Consent"?
Consent in fact (Actualconsent)... Implied in fact consent... Imp…
Self Defense (without deadly force)
o An actor may use force that is not likely or intended to be…
18 terms
Business Law Tort Vocab
Compensation
Conversion
Defanation
Disparagement
Amount of money paid to an employee for work performed
Occurs when someone unlawfully exercises control over the per…
refers to speech tat is untruthful and has malicious intent t…
a communication that belittles somebody or something
Compensation
Amount of money paid to an employee for work performed
Conversion
Occurs when someone unlawfully exercises control over the per…
28 terms
Business Law Chapter 4-Tort Law
Breach of Duty
proximate cause
intentional tort
injunction
On person's failure to exercise the degree of care a reasonab…
The link between unreasonable conduct and an injury in a negl…
Wrong that occurs when a person knows and desires the consequ…
Court order issued by a judge ordering a person to do or not…
Breach of Duty
On person's failure to exercise the degree of care a reasonab…
proximate cause
The link between unreasonable conduct and an injury in a negl…
28 terms
Business Law-Torts (5)
tort
damages
negligence
intentional torts
A civil wrong committed against a person or propery
A sum of money paid in compensation for loss or injury in a c…
An unintentional violation of a legal duty to use a standard…
1. Deliberate, voluntary Intentional conduct by one person th…
tort
A civil wrong committed against a person or propery
damages
A sum of money paid in compensation for loss or injury in a c…
11 terms
Business Law, Tort Quiz
Tort
Proximate cause
Injunction
Intentional tort
a private wrong committed by one person against another
also called legal cause, exists when the link between the neg…
a court order requiring a person to do or cease doing a speci…
an action that deliberately hurts, embarrasses, or scares peo…
Tort
a private wrong committed by one person against another
Proximate cause
also called legal cause, exists when the link between the neg…
21 terms
Business Law Torts Terms
DBIC
Battery
False Imprisonment
Defamation
Duty, Breach, Injury and Cause
Harmful, offensive contact or touching of another
Intentional confinement of another person against their will
False Statements which injure reputation
DBIC
Duty, Breach, Injury and Cause
Battery
Harmful, offensive contact or touching of another
29 terms
Business Law Tort
Like a crime, a tort is considered to…
One act by a defendant cannot be both…
Even children and insane persons may b…
All torts require that the defendant i…
false
false
true
false (negligence)
Like a crime, a tort is considered to…
false
One act by a defendant cannot be both…
false
10 terms
Business Law: Civil Law and Torts
Society
Individual
Duty, Breach of Duty, Injury, Causation
Written
A crime is an offense against
A tort is a private or civil wrong against
The four elements of a tort include
Libel is
Society
A crime is an offense against
Individual
A tort is a private or civil wrong against
10 terms
Business Law Chapter 3 - Tort Classifications
Personal Tort
Personal Tort
Property Tort
Property Tort
Assault
False Imprisonment
Trespass
Disparagement
Personal Tort
Assault
Personal Tort
False Imprisonment
59 terms
CHS Business Law - Chapter 6 Tort Law
Actual malice
Actual malice test
Assault
Assumption of the risk
The legal test used by the courts to determine defamation aga…
A defense against libel cases that states public officials mu…
An attempt to commit a battery. (p. 116)
A defense against negligence that states the victim voluntari…
Actual malice
The legal test used by the courts to determine defamation aga…
Actual malice test
A defense against libel cases that states public officials mu…
22 terms
Chapter 3 Business Law (Tort Law)
Tort
Tortfeasor
Intentional Tort
Defamation
a private wrong committed by one person against another
a person who commits a tort. They are the defendant in a case.
actions that are deliberate hurt, embarrass, or scare people.
when somebody lies about another person in a way that hurts t…
Tort
a private wrong committed by one person against another
Tortfeasor
a person who commits a tort. They are the defendant in a case.
69 terms
Business TORT Law cases
Lloyd v Grace Smith and Co.
Warren v Henly Ltd.
Rose v Plenty
Twine v Bean's Express Ltd
When an employer holds out an employee to be authorised to do…
Some actions will be outside the employers authorisation and…
An employer will not always escape a liability by forbidding…
An employer will not be liable if an employee's actions are o…
Lloyd v Grace Smith and Co.
When an employer holds out an employee to be authorised to do…
Warren v Henly Ltd.
Some actions will be outside the employers authorisation and…
Business Law: Tort
Tort
Nature of tort
Nature of tort: Requirement of fault (…
Nature of Tort: Requirement of fault (…
Definition: A civil wrong
-Liability arises when there is a breach of duty of care... -No…
-It limits the workload for courts... -Individuals should take r…
-Civil law aim is to resolve disputes, not to punish... -Fault c…
Tort
Definition: A civil wrong
Nature of tort
-Liability arises when there is a breach of duty of care... -No…
25 terms
Tort Terms: Business Law
Assumption of Risk
Comparative Negligence
Compensation
Confidential
A defense against negligence that is raised when the plaintif…
A defense against negligence which is raised when the careles…
Something awarded to the plaintiff as the result of a tort ca…
Communicated or entrusted or secret.
Assumption of Risk
A defense against negligence that is raised when the plaintif…
Comparative Negligence
A defense against negligence which is raised when the careles…
15 terms
Business law Tort
Negligence
Strict Liabilty
Causation
Assult
Failure to take proper care in doing something.
Liability that doesn't depend on actual negligence or intent…
Connecting conduct with a resulting effect, typically an injury
making a physical attack on someone
Negligence
Failure to take proper care in doing something.
Strict Liabilty
Liability that doesn't depend on actual negligence or intent…
12 terms
Business Law : Tort
Res Ipsa Loquitur
Negligence Per Se
Assumption of the risk
Design defect... (strict liability)
A rebuttable presumption that defendant was negligent (The th…
Negligence that shown by violation of a law or ordinance
Plantiff assuming a known risk
Risk of harm could have been reduced or avoided by the adopti…
Res Ipsa Loquitur
A rebuttable presumption that defendant was negligent (The th…
Negligence Per Se
Negligence that shown by violation of a law or ordinance
23 terms
Business Law Tort
Tort
Intentional Tort
Negligent Tort
Strict Liability
Hurt someone or their property that you have to make right
Deliberately hurt someone
Hurt someone or their property because you weren't careful en…
Even if you're super careful; if you engage in an abnormal an…
Tort
Hurt someone or their property that you have to make right
Intentional Tort
Deliberately hurt someone
18 terms
Business Law Tort Terms
Compensation
Conversion
Defamation
Disparagement
Fair payment for the job performed, by salary, wages, commiss…
A civil wrong in which one convert's another's property or hi…
The act of making untrue statements about another which damag…
The act of speaking about someone in a negative or belittling…
Compensation
Fair payment for the job performed, by salary, wages, commiss…
Conversion
A civil wrong in which one convert's another's property or hi…
26 terms
Business Law Torts
Tort Law
Tortfeasor
Intentional Tort
Battery
A civil wrong, other than a breach of contract, committed aga…
A person who commits a tort
wrongs committed against individuals or property
Intentional and wrongful physical contact with a person that…
Tort Law
A civil wrong, other than a breach of contract, committed aga…
Tortfeasor
A person who commits a tort
37 terms
Business Law Contracts and Torts
tort
Injunction
defamation
written
civil wrong
intentional infliction of emotional stress
false statement to 3rd party with specificity, damages
libel
tort
civil wrong
Injunction
intentional infliction of emotional stress
17 terms
Business Law: Tort Law Vocab
Tort
Defendant
Plaintiff
Tortfeasor
private wrong committed by one person against another
person who is accused of a crime
the party that accuses a person of a crime
person who committes a tort
Tort
private wrong committed by one person against another
Defendant
person who is accused of a crime
46 terms
Business law crime and tort
Crime
Felony
Misdemeanor
Actus reus
An act against the public good. Punishable by fine, imprisonm…
A crime that is punishable by imprisonment or death. Examples…
A crime that is punishable by fine or brief imprisonment. Exa…
The criminal act. Criminal statutes specifically explain forb…
Crime
An act against the public good. Punishable by fine, imprisonm…
Felony
A crime that is punishable by imprisonment or death. Examples…
12 terms
Business Law Tort Test
Sources of Law
Levels of Law
Canadian Civil Litigation Procedure
What is duty of care?
- Constitutional (1867 British NA Act, and Constitution Act 1…
- Ontario Superior Court of Justice (Small claims $1-$25K, Si…
- Cause of action (recognizable wrong, standing, time to sue)…
Refers to a certain standard of conduct towards and individua…
Sources of Law
- Constitutional (1867 British NA Act, and Constitution Act 1…
Levels of Law
- Ontario Superior Court of Justice (Small claims $1-$25K, Si…
28 terms
Business Law Tort Quiz
tort
compensatory remedy
punitive remedy
purpose of tort law
civil wrong that causes loss or injury to another
$ to compensate a plaintiff for actual losses, put plaintiff…
$ to punish wrong doer, only awarded for reprehensible, malic…
remedies are provided for the invasion of various protective…
tort
civil wrong that causes loss or injury to another
compensatory remedy
$ to compensate a plaintiff for actual losses, put plaintiff…
14 terms
Business Law Torts
Tort
Battery
Assault
False Imprisonment
A civil wrong that a court will give a remedy in the form of…
A person intentionally causes harmful bodily contact with ano…
A person intentionally causes an unprivileged act with offens…
Restraining the movement of another person.
Tort
A civil wrong that a court will give a remedy in the form of…
Battery
A person intentionally causes harmful bodily contact with ano…
42 terms
business law torts
torts
intentional torts
battery
assault
a civil, noncriminal wrong other than a breach of contract
"on purpose", (1) an act by the defendant, (2) intent-substan…
an intentional, unauthorized, harmful or offensive physical c…
immediate threat of a battery
torts
a civil, noncriminal wrong other than a breach of contract
intentional torts
"on purpose", (1) an act by the defendant, (2) intent-substan…
28 terms
Business Law Quiz Torts
Torts
Intentional Tort
Negligence Tort
Strict Liability
An injury or wrong someone does to you that's not a crime and…
Purposefully harming another. You must show fault.
Showing that the defendant was negligent. You must show fault.
You don't need to show fault in this tort. Includes Ultra-haz…
Torts
An injury or wrong someone does to you that's not a crime and…
Intentional Tort
Purposefully harming another. You must show fault.
41 terms
Business Law- Chapter 6: Tort Law
Tort
Intentional Tort
Negligent Tort
Strict Liability Tort
A violation of another person's rights or a civil wrongdoing…
A civil wrong resulting from an intentional act committed on…
A civil wrong that occurs when the defendant acts in a way th…
A civil wrong that occurs when the defendant takes an action…
Tort
A violation of another person's rights or a civil wrongdoing…
Intentional Tort
A civil wrong resulting from an intentional act committed on…
20 terms
Business Law Vocab Torts
Felony
Misdemeanor
Murder
Assault
The term felony, in some common law countries, means a seriou…
a minor wrongdoing.
the unlawful premeditated killing of one human being by anoth…
In common law, assault is the act of creating apprehension of…
Felony
The term felony, in some common law countries, means a seriou…
Misdemeanor
a minor wrongdoing.
27 terms
Business Law Intentional Torts
Tort
Intentional Tort
Intent
Punitive Damage
Injury to person or property
Conduct is intentional or so outrageous/reckless that court w…
Person committing the tort desires to cause the consequences;…
Damages that punish that intentional or reckless behavior
Tort
Injury to person or property
Intentional Tort
Conduct is intentional or so outrageous/reckless that court w…
20 terms
Business Law: Intentional Torts
A crime
A tort
Intentional Tort
A tort (does)
is an act against not only a specific individual, but the gen…
is a private wrong committed by one person against another.
False Imprisonment... Defamation... Invasion of Privacy... Assualt&Bat…
will lead the wronged party to try and recover money as compe…
A crime
is an act against not only a specific individual, but the gen…
A tort
is a private wrong committed by one person against another.
12 terms
Business Law: Torts
tort
battery
assault
false imprisonment
a civil (private) wrong that a court will give a remedy in th…
a person intentionally causes harmful bodily contact with ano…
a person intentionally causes an unprivileged act with offens…
restraining the movement of another person
tort
a civil (private) wrong that a court will give a remedy in th…
battery
a person intentionally causes harmful bodily contact with ano…
Personal & Business Law -- Tort Law
Tort
Tortfeasor
Intentional Tort
False Imprisonment
A private wrong committed by one person against another.
A person who commits a tort.
Actions that deliberately hurt, embarrass, or scare people.
An act when someone interferes with someone else's right to m…
Tort
A private wrong committed by one person against another.
Tortfeasor
A person who commits a tort.
48 terms
Business Law Torts
intentional tort
appropriation
Intrusion into private affairs
False light
when a person deliberately performs an action that causes har…
people can't use your picture, voice, name ect to their own a…
the defendant violated the plaintiff's right to privacy. (ex:…
takes facts and changes them or makes assumptions about them…
intentional tort
when a person deliberately performs an action that causes har…
appropriation
people can't use your picture, voice, name ect to their own a…
23 terms
Business and personal law: Torts
Felony
Misdemeanor
Murder
Assault
serious crime punishable by death or imprisonment for more th…
less serious crime punishable by a jail sentence of less than…
The crime of deliberately killing a person
crime of unlawfully causing physical injury to another; or th…
Felony
serious crime punishable by death or imprisonment for more th…
Misdemeanor
less serious crime punishable by a jail sentence of less than…
24 terms
Business Law Chapter 3: Tort Law
Tort
Tortfeasor
Intentional Tort
False Imprisonment
a private wrong committed by one preson against another
is a person who commits a tort
actions that deliberately hurt, embarass, or scare people
people have the right to move around freely; that can only be…
Tort
a private wrong committed by one preson against another
Tortfeasor
is a person who commits a tort
22 terms
Business Law Torts
Assault
Battery
Trespass
Nuisance
Threatning to strike or harm with a weapon or physical movement
Unlawful, unprivileged touching of another person
Wrongful injury or interference with the property of another
Anything that interferers with the enjoyment of life or prope…
Assault
Threatning to strike or harm with a weapon or physical movement
Battery
Unlawful, unprivileged touching of another person
32 terms
Business Law Torts
Intentional torts
What are 2 different standards of proo…
What is battery?
What is assault?
They cause injury to someone on purpose, either criminal or p…
Battery and Assault
Intentional inflicting, harmful contact. Example punching som…
Intentionally putting the other body into reasonable fear of…
Intentional torts
They cause injury to someone on purpose, either criminal or p…
What are 2 different standards of proo…
Battery and Assault
18 terms
Business Law Torts Vocab
Absolute Privilege
Assumption of Risk
Comparative Negligence
Contributory Negligence
A defense to defamation; a protection given to legislators an…
A defense to a negligence suit that prevents an injured party…
A defense to a negligence lawsuit that allocates imposes liab…
A defense to a negligence lawsuit that is a complete bar to r…
Absolute Privilege
A defense to defamation; a protection given to legislators an…
Assumption of Risk
A defense to a negligence suit that prevents an injured party…
41 terms
Business Law Torts
Torts
compensatory damages
Punitive damages
assault
designed to compensate those who have suffered a loss or inju…
are intended to compensate or reimburse a plaintiff for actua…
in tort cases to punish the wrongdoer and deter others from s…
is any intentional and unexcused threat of immediate harmful…
Torts
designed to compensate those who have suffered a loss or inju…
compensatory damages
are intended to compensate or reimburse a plaintiff for actua…
15 terms
Business Law: Torts
Tort
Compensatory damages
Punitive damages
Negligence per se doctrine
Any legally recognizable injury arising from the conduct of p…
Money to compensate for economic losses
Money to punish the defendant for negligence to deter future…
If someone is convicted of a crime, he or she is also automat…
Tort
Any legally recognizable injury arising from the conduct of p…
Compensatory damages
Money to compensate for economic losses
34 terms
Business law torts test
Tort against society?
An act by a defendant can be both a cr…
Children and insane are liable for torts
All torts: ... people intend to injure ot…
False... Individual
True
True
False ... Ex. Negligence does not require intent
Tort against society?
False... Individual
An act by a defendant can be both a cr…
True
9 terms
Business Law Torts
Assault
Battery
Intentional infliction of emotional di…
Defamation
any intentional and unexcused threat of immediate harmful or…
the completion of the act that caused the apprehension-- if i…
intentional act that amounts to extreme and outrageous conduc…
wrongfully hurting a person's good reputation. A general duty…
Assault
any intentional and unexcused threat of immediate harmful or…
Battery
the completion of the act that caused the apprehension-- if i…
26 terms
Business Law Final (torts)
Tort
Societal Standards
Intent
Trespass to Land
-Injury (other than by breach of contract) to a person by the…
-Not everything that we intentionally do that could injure so…
-doesn't have to be malicious or evil... -just needs to be inten…
-Entering upon or remaining on property w/o permission or jus…
Tort
-Injury (other than by breach of contract) to a person by the…
Societal Standards
-Not everything that we intentionally do that could injure so…
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