Fundamentals of Business Law Chapter 4

Assumption of risk

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover

Comparative negligence

A plaintiff who was also negligent (failed to exercise a reasonable degree of care) could not recover anything from the defendant

Contributory negligence

A plaintiff who was also negligent could not recover anything from the defendant

Trespass to personal property

An individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner's possession of personal property.

Battery

An unexcused and harmful or offensive physical contact intentionally performed

Actionable

Capable of serving as the basis of a lawsuit

Causation in fact

Did the injury occur because of the defendant's act, or would it have occurred anyway? "But for the wrongful act, the injury would not have occurred"

Slander of quality (trade libel)

Publication of false information about another's product, alleging that it is not what its seller claims

Defense

Reason why plaintiffs should not obtain what they are seeking

Business invitee

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 persons.

Puffery

Sellers talk

Negligence

Someone suffers injury because of another's failure to live up to a required duty of care

Duty of care

The basic principle underlying the duty of care is that people in society are free to act as they please so long as their actions do not infringe on the interests of others.

Res ipsa loquitur

The facts speak for themselves

Dram shop act

Under which a tavern owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar or who was already intoxicated when served by the bartender

Slander of title

When a publication denies or casts doubt on another's legal ownership of any property, and this results in financial loss to that property's owner

Conversion

Whenever a person wrongfully possesses or uses the personal property of another without permission

Tort

Wrongful actions

Defamation

Wrongfully hurting a person's good reputation

Libel

breaching the duty of defamation in writing or other permanent form (such as digital recording) involves this tort

Fraudulent misrepresentation

Fraud; involves intentional deceit for personal gain

Malpractice

If a professional violates her or his duty of care toward a client, the professional may be sued for Malpractice.

Privilege

Immunity

Strict liability

Liability without fault; liability for injury is imposed for reasons other than fault

Actual Malice

Made with either knowledge of falsity or a reckless disregard of the truth

Trespass to land

Occurs anytime a person, without permission, enters onto, above, or below the surface of land that is owned by another

Disparagement of property

Occurs when economically injurious falsehoods are made about another's product or property, not about another's reputation.

Tortfeasor

One committing a tort

Proximate cause

Or legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability

Reasonable person standard

whether a duty of care has been breached, the courts as how a reasonable person would have acted in the same circumstances

Assault

Any intentional and unexcused threat of immediate harmful or offensive contact

Slander

Breaching the duty of defamation orally

Negligence per se

Certain conduct whether it consists of an action or a failure to act, may be treated as such.

Cyber tort

Committed via the internet

Compensatory damages

Intended to compensate or reimburse a plaintiff for actual losses

Business tort

Involve wrongful interference with the business rights of others

Appropriation

The use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user

Punitive damages

To punish the wrongdoer and deter others from similar wrongdoing

Good Samaritan statute

Under these statutes someone who is aided voluntarily by another cannot turn around and sue the "Good Samaritan" for negligence

Intentional tort

requires intent...A person must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.