business law chapter 7, torts

intentional tort

tort in which the defendant means to commit the injurious act

Battery

unlawful touching of another person without consent

conversion

when a person permanently removes personal property from the owner's possession and control

slander of quality

when false spoken statements criticize a business product or service and result in a loss of sales

assault

when one person intentionally places another in fear or an immediate physical harm. Doesn't require actual contact

false light

when publicity about a person creates an impression about that individual that is not valid

appropriation for commercial gain

when someone uses another person's name, likeness, voice, or other identifying characteristic for commercial gain without that person's permission

Libel

written defamation

trade libel

written defamation about a product or service

plaintiff

blank has the burden of proving all 4 elements of a negligence case

Contributory Negligence

both the defendant and the plaintiff were negligent

Res Ipsa Loquitur

the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care

actual cause

the determination that the defendant's breach of duty resulted directly in the plaintiff's injury

proximate cause

the legal connection between unreasonable conduct and the resulting harm

self defense

the most common defense to a battery

negligent tort

A civil wrong that involves a failure to meet the standard of care a reasonable person would meet and, because of that failure, harm to another results

Strict Liability Tort

A civil wrong that occurs when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable for the plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.

assumption of the 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.

last clear chance doctrine

A doctrine used by a plaintiff when the defendant establishes contributory negligence. If the plaintiff can establish that the defendant had the last opportunity to avoid the accident, the plaintiff may still recover, despite being contributorily negligent.

compensatory damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

nominal damages

A small monetary award (often one dollar) granted to a plaintiff when no actual damage was suffered.

public figure privilege

A special right, immunity, or permission that allows people to make any statement about public figures, typically politicians and entertainers, without being held liable for defamation as long as false statements were not made with malice.

good samaritan statute

A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm.

trespass to realty

A tort that occurs when someone goes on another's property without permission or places something on another's property without permission.

food disparagement

A tort that provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product.

absolute privilege

An immunity from libel suits granted to government officials and others based on remarks uttered or written as part of their official duties

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.

unfair competition

The act of competing with another not to make a profit but for the sole purpose of driving that other out of business.

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.

intentional interference with contract

The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another.

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.

disparagement

a business' or product's reputation that has been tarnished

consent

a defense, mitigates the element of unwanted

negligence per se

a doctrine that allows a judge or jury to infer duty and breach of duty from the fact that a defendant violated a criminal statute that was designed to prevent the type of harm that the plaintiff incurred

tort

a french word meaning "wrong." A violation of another person's rights or a civil wrongdoing that does not arise out of a contract or statute

conditional privilege

a party will not be held liable for defamation unless the false statement was made with actual malice

gross negligence

an action committed with extreme reckless disregard for the property or life of another person

privilege

an affirmative defense in a defamation action

negligence

behavior that creates an unreasonable risk of harm to others

punitive damages

damages exceeding simple compensation and awarded to punish the defendant.

Modified Comparative Negligence

defendant must be more than 50% at fault before the plaintiff can recover

slander of title

false published statements are related to the ownership of the business property

Public Disclosure of Private Facts

highly offensive publicity of private information

Torts against persons

intentional acts that harm an individual's physical or mental integrity

defamation

intentional publication of a false statement harmful to an individual's reputation

actual malice

knowledge of falsity or reckless disregard for the truth

strict liability

liability without fault

private nuisance

occurs when a person uses her property in an unreasonable manner that harms a neighbor's use or enjoyment of his property

Tortfeasor

one who commits a tort

Slander

spoken defamation

slander per se

statements so inherently harmful that general damages are presumed

Pure Comparative Negligence

the court determines the percentage of fault of the defendant