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