Ch. 6 Business Law

comparative negligence

statutes that require courts to assign damages according to the degree of fault of each party

strict liability

the courts may judge a person liable for harm even though that person was not negligent and did not commit an intentional tort

last clear chance

the injured party's defense to a charge of contributory negligence

negligence

the part of tort law that is concerned with the compensation of accident victims

actual malice

the statement was made or printed either with the knowledge that it was false or with a reckless disregard for its truth or falsity

wrongful death statutes

these preserve the rich to bring a lawsuit only if the death is caused by the negligence or the intentional conduct of the person who caused the death

statutes of repose

this established a limit in years, usually but not necessarily 15 years, beyond which an injured party could not bring a lawsuit for an injury cause by a product

respondent superior

this holds a business or organization liable for the torts of an employee whenever an employee commits a tort while working for that business or organization

invasion of privacy

violating any of these four: 1) Revelation of confidential records 2) Intrusion 3) Creating a false light 4) Exploitation

defective condition

what is a called when a product is unreasonably dangerous to the user, to the consumer, or to property?

proximate cause (legal cause)

what is the policy called that places a limit on effects of innocent loss due to something

false imprisonment

when one party prevents another party from moving about freely, the first party has committed the intentional tort of...

malicious prosecution

when the misuse involves bringing false criminal charges

wrongful civil proceedings

when the misuse of the legal procedure involves the filing of a false civil lawsuit

merchant protection statute

when the privilege is created by statute, that statute is commonly called the...

tort

a private wrong that injures another person's physical well-being, emotional health, business, property, or reputation

actual malice test

a public official must prove not only that the statement made or printed was false but also that it was made with actual malice

foreseeability test

The law says there must be a final effect for which we will hold the defendant liable—the test used to determine this "last effect" is referred to as the...

injunction

a court order preventing someone from performing a particular act

tertfeasor

a person who commits a tort and has thus engaged in "twisted" behavior

intentional or reckless infliction of emotional distress

a tort where someone who intentionally or recklessly causes another individual to undergo emotional or mental suffering will be responsible, even without an accompanying physical injury

duty

an obligation placed on individuals because of the law

paradigm

an unchallenged world view that establishes the rules by which everyone in a particular culture thinks, speaks, and acts

defamation

any false statement communicated to others that harms a person's good name or reputation may constitute the tort of...()...to be...()...the statement must hold the victim up to ridicule, contempt, or hatred

damages

compensation paid to the victims of a tort is known as this...

economic compensatory damages

damages that are directly quantifiable

noneconomic compensatory damages

damages that result from injuries that are intangible and, therefore, not directly quantifiable

slander

defamation in a temporary form, such as speech

libel

defamation in permanent form, such as writing

actual cause (cause in fact)

demonstrates that the cause (the unreasonable conduct) led to the effect (the injury to the plaintiff)

punitive damages (exemplary damages)

designed to punish the tortfeasor so that similar malicious actions are avoided by others

battery

involves an offensive or harmful, unprivileged touching

disparagement

involves any false statement communicated to others that somehow questions the quality of property or raises uncertainty as to who has legal ownership of that property

contributory negligence

involves the failure of the injured party to be careful enough to ensure his or her personal safety

assumption of the risk

involves the voluntary exposure of the victim to a known risk

shopkeeper's privilege

laws that allow storekeepers to detain a suspected shoplifter if the have reasonable grounds to suspect that a shoplifting incident has occurred

abuse of process

occurs when a legal procedure is used for a purpose other than that for which it is intended

fraudulent misrepresentation (fraud)

occurs when false statements or actions, or a combination thereof, are made by one party in a way that causes another party to rely on those misrepresentations and then to suffer an injury or loss as a result

misuse of legal procedure

occurs when one person brings a legal action with malice and without probable cause

assault

occurs when the victim is placed in fear or apprehension of immediate bodily harm by a tortfeasor who has the present apparent ability to inflict that harm

temporary public figures

people who are placed against their will into the public view by some event beyond their control