Business Law Chapter 6

Disparagement of Property

An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.

Fraudulent Misrepresentation

Any misrepresentation, either by misstatement or 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.

Defamation

Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.

Assault

Any word or action intended to make another person fearful of immediate physical hard; a reasonably believable threat

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

Punitive Damages

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

Tortfeasor

One who commits a tort.

Business Tort

Wrongful interference with the business rights of another.

Conversion

The wrongful taking, using, or retaining possession of personal property that belongs to another.

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.

Actual Malice

A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.

Compensatory Damages

A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.

Puffery

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

Cyber Tort

A tort committed via the internet.

Intentional Tort

A wrongful act knowingly committed.

Spam

Bulk, unsolicited (junk) e-mail.

Actionable

Capable of serving as the basis of a lawsuit

Slander

Defamation in oral form.

Libel

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

Privilege

In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation

Appropriation

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

Public Figure

Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities.

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. Also called Trade Libel.

Trade Libel

The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality.

Slander of Quality

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

Trespass to Personal Property

The unlawful taking or harming of another's person property; interference with another's right to the exclusive possession of his or her personal property.

Battery

The unprivileged, intentional touching of another.