Bus 105: Ch 12

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or by 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.

Business Invitees

retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect these people

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

Negligence Per Se

May occur if an individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured.

Negligence

Most prevalent type of lawsuits brought against businesses today. This tort occurs when someone suffers injury because of another's failure to live up to a required duty of care.

Disparagement of Property

Occurs when economically injurious falsehoods are made about another's product or property rather than about another's reputation.

Tortfeasor

One who commits a tort.

Slander of Title

When a publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss to the property's owner.

Tort

a civil wrong made against a property ( your person is your property) May be classified as unintentional (negligence, malpractice) or intentional (assault, invasion of privacy).

Intentional Torts Against Persons

battery, assault, intentional infliction of emotional distress, false imprisonment, defamation:libel and slander, deceit, invasion of privacy, wrongful discharge

Dram Shop Acts

statutes adopted in many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons

Cyber Torts

torts committed via the internet

Intentional Torts Against Property

trespass, conversion, injurious falsehood, nuisance, intentional interference with contractual relations

Res Ipsa Loquitur

"the thing speaks for itself"; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent

Compensatory Damages

(law) compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated

Punitive Damages

(law) compensation in excess of actual damages (a form of punishment awarded in cases of malicious or willful misconduct)

Malpractice

A breach of contract by a professional person; failure to perform a professional service with the ability and care generally exercised by others in the profession.

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.

Comparative Negligence

A defense against negligence that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states.

Contributory Negligence

A defense against negligence 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.

Superseding Cause

A defense against negligence, intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.

Slander

A false statement which harms the reputation of others and gives occasion for false judgments concerning them; same as calumny.

Duty of Care

A partner must refrain from "grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law."

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. Some states may apply this law only to medical personnel

Assault

A threatened or attempted physical attack by someone who appears to be able to cause bodily harm if not stopped

Intentional Tort

A tort committed by one who intends to do the act that creates the harm.

Libel

A written defamation of a person's character, reputation, business, or property rights.

Defamation

Act of harming or ruining another's reputation

Causation in Fact

An act or omission without ("but for") which an event would not have occurred.

Actionable

Capable of serving as the ground for a lawsuit

Slander Per Se

Defamatory statements that (1) adversely reflect on one's conduct in a business or profession, (2) one has a loathsome disease, (3) one is or was guilty of a crime involving moral turpitude, or (4) a woman is unchaste.

Actual Malice

Either knowledge of a defamatory statement's falsity or a reckless disregard for the truth.

Proximate Cause

Exists when the connection between an act and an injury is strong enough to justify imposing liability. Foreseeability

Appropriation

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.

Business Torts

Intentional torts that apply only to wrongful interference of Business Relationships (stealing customers) and Contractual Relationships (stealing employees)

Trade Libel

The publication of false information about another's product, alleging it is not what its seller claims; aka slander of quality.

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.

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.

Conversion

intentionally committing an act depriving the plaintiff of possession of her chattel or interfering with the plaintiff's chattel in a manner so serious as to deprive the plaintiff of the use of the chattel... aka stealing

Battery

the unlawful beating of a person; act of beating or pounding; any large group of related things

Spam

unwanted e-mail (usually of a commercial nature sent out in bulk)