Torts Law - Chapter 9-13

Appropriation

"to make one's own", later "to set aside") is the act of setting apart something for its application to a particular usage, to the exclusion of all other uses

Warranty

has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen

Slander

oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed

Product Liability

refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer

Fiduciary Relationship

A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other asset for another person.

Interference with Business Relations

Interference with Business Relations is a type of tort wherein a third party intentionally acts to cause one party in a business relation to violate business relations with the other. It is sometimes called "Tortious Interference of Business" or "Interference with Prospective Contract".

Defamation

is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong).

manufacturing defect

is a defect in a product that was not intended. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumers expect the product to be

Malice

wrongful intention, especially as increasing the guilt of certain offe

Privity

contact, connection or mutual interest between parties. The term is particularly important in the law of contracts, which requires that there be "privity" if one party to a contract can enforce the contract by a lawsuit against the other party.

Privilege Absolute

An absolute defence to an otherwise defamatory statement because of the venue or context in which the statement was made.

Defective Warning

A product may still be considered dangerous even if there was no design flaw and it was manufactured properly

Puffery

promotional statement or claim that expresses subjective rather than objective views, which no "reasonable person" would take literally.

Misrepresentation

the action or offense of giving a false or misleading account of the nature of something.

Strict Liability

the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred and that the defendant was responsible. The law imputes strict liability to situations it considers to be inherently dangerous.

Innuendo

"an indirect hint." "Innuendo" is used in lawsuits for defamation (libel or slander), usually to show that the party suing was the person about whom the nasty statements were made or why the comments were defamatory

Malicious Prosecution

(1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.

A class action

A class action is a type of lawsuit in which one or several persons sue on behalf of a larger group of persons, referred to as "the class."

Defects in Design

A company's liability for a design defect occurs when there was a foreseeable risk posed by the product when the product was manufactured as intended and used for its intended purposes

Private Nuisance

A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation

Abuse of Process

Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action.

Abnormally Dangerous Activities

An undertaking that cannot be performed safely even if reasonable care is used while performing it and for which the actor may face strict liability for any harm caused. The courts currently use a list of standards to determine whether or not an abnormally dangerous activity has been undertaken so that strict liability applies.

Informed Consent

Informed consent is a process for getting permission before conducting a healthcare intervention on a person.

Warranty of Merchantability, Warranty of Fitness for a Particular Purpose

The warranty of merchantability is implied, unless expressly disclaimed by name, or the sale is identified with the phrase "as is" or "with all faults." To be "merchantable", the goods must reasonably conform to an ordinary buyer's expectations, i.e., they are what they say they are

Implied Warranty

Under a sales contract, whether written or oral, there is a guarantee that the item sold is merchantable and fit for the purpose intended. This guarantee arises by operation of law and is in addition to any expressed warranties that are provided at the time of sale

Public Nuisance

an act, condition, or thing that is illegal because it interferes with the rights of the public generally

Nuisance

an unlawful interference with the use and enjoyment of a person's land.

Publication

anything made public by print (as in a news- paper, magazine, pamphlet, letter, telegram, computer modem or program, poster, brochure or pamphlet), orally, or by broadcast (radio, television).

Malpractice

improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official.

Public Figure

in the law of defamation (libel and slander), a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star or sports hero.

Libel

is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in his/her business or profession

Express Warranty

is a seller's promise or guarantee that a buyer relies on when they purchase an item. Under the federal Magnuson-Moss Warranty Act, a company must provide a written express warranty if a product is sold for more than $15

Invasion of Privacy

is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded

Statues of Repose

like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline.

Privilege Qualified

permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else

Pre-emption

the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and/or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field."

Assumption of Risk

type of defense available for most personal injury and negligence lawsuits. Assumption of risk arises when a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant