Chapter 7 Business Law Learnsmart

Pure comparative negligence

According to the _____ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.

Assault

An _______ occurs when one person places another in fear or apprehension of an immediate offensive bodily contact.

Intentional

Assault is an example of a ____ tort.

Libel

Defamation in written form

MUST prove duty, breach of duty, causation and damages

Elements of a negligence case

Privacy Torts

False light, public disclosure of private facts, appropriation for commercial gain and intrusion on an individual's affairs or seclusion

Not

Felony is ______ a tort classification

Slander

If defamation is made orally, it is_____

Foreseeability

In most states, proximate cause is determined by _______.

Tortfeasor

Jack negligently causes serious physical and economic harm to Rob in a car crash. In the negligence action, jack is the _______

Negligence in or of itself

Negligence per se literally means

Modified

in a _____ comparative negligence jurisdiction, courts calculate damages in the same manner as a pure comparative negligence jurisdiction, except that the defendant in a case must be more than 50 percent at fault before the plaintiff can recover.

Assumption of the risk

is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.

Conversion

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

Communicating a false statement about someone to a third party

what does "intentional publication" mean in reference to defamation

Affirmation

A ___ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable

Personalty

A person commits trespass to _____ by temporarily exerting control over another's personal property or interfering with the true owner's right to use the property

Fault

Strict liability is liability with ________

Wrong

Tort is a french word meaning _______.

NOT

Torts against social responsibility is ______ a category of intentional torts

True

True or False: Trade libel and slander of quality are synonymous

True

True/False Assault and battery are always synonymous

True

True/False Negligence involves the failure to exercise reasonable care to protect another person or property

False

True/False Professional negligence cases are often referred to as tort immunity cases

Invitees

Under the traditional common law, to which of the following categories of individuals does a business property owner owe the highest obligation?

Nuisance

Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a ______ claim

In a courtroom

Where can absolute privilege arise?

Disparagement

____ a business tort that occurs when a statement is intentionally used to defame a business product or service

Implied

____ assumption of the risk means that a plaintiff implicitly assumed a known risk

Compensatory

____ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages

Exemplary

_____ damages are imposed in a negligence case to punish the offender and deter others from committing similar offenses

Actual

______ cause is the determination that a defendant's breach of duty resulted directly in the plaintiff's jury

Intentional interference with contract

______ occurs when someone intentionally takes an action that causes a person to breach a contract she or he has with another

Punishing wrongdoers

_______ _________ is not an objective of tort law