Bus. Law Ch. 5 Part 2

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.

spam

Bulk, unsolicited (junk) e-mail.

predatory behavior

Business behavior that is undertaken with the intention of unlawfully driving competitors out of the market.

slander

Defamation in oral form.

libel

Defamation in writing or other form having the quality of permanence (such as a digital recording).

proximate cause

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

punitive damages

Monetary damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.

tortfeasor

One who commits a tort.

malpractice

Professional misconduct or the lack of the requisite degree of skill as a professional. Negligencethe failure to exercise due careon the part of a professional, such as a physician, is commonly referred to as malpractice.

duty of care

The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.

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

The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

slander of title

The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.

slander of quality (trade libel)

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

trade libel

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

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.

tort

A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.

privilege

A legal right, exemption, or immunity granted to a person or a class of persons. In the context of defamation, an absolute privilege immunizes the person making the statements from a lawsuit, regardless of whether the statements were malicious.

puffery

A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.

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.

intentional tort

A wrongful act knowingly committed.

negligence per se

An action or failure to act in violation of a statutory requirement.