Business Law Chapter 6 Terms
Causation in fact usually can be determined by use of the:
"but for" test.
Compensatory damages are intended to compensate a plaintiff for:
Actual losses
Trade libel is also known as:
Slander of quality
An unforeseeable intervening event may break the casual connection between the wrongful act and an injury to another. If so, the intervening acts as a (n):
Superseding cause
To succeed in negligence action, the plaintiff must prove that:
The defendant owed a duty of care to the plaintiff The defendant breached that duty The plaintiff suffered
The bases of torts are twofold:
Wrongs and compensations
Defenses that a defendant can use to avoid liability in a negligence case, even if the facts are as the plaintiff states, are called:
affirmative defenses.
Retailers and other firms that explicitly or implicitly invite people to come onto their premises must usually exercise reasonable care to protect them, as they are:
business invitees.
Trespass to personal property is also called trespass to:
chattels.
A standard that enables both the plaintiff's and the defendant's negligence to be computed and the liability for damages distributed accordingly is called:
comparative negligence
Under previous law, a plaintiff who was also negligent could not recover anything from the defendant. This defense is called:
contributory negligence.
A valid defense to a claim for battery is:
defense of others
The United States Supreme Court has held that, if an award of punitive damages is grossly excessive, it furthers no legitimate purpose and violates:
due process requirements.
Trespass to land occurs anytime a person, without permission:
enters onto, above, or below the surface of land that is owned by another,causes anything to enter on the land and remains on the land or permits anything to remain on it.
Professional negligence (a physician who violates his duty of care toward a patient, for example) is generally known as:
Malpractice
When a tortfeasor commits a tortious act but doesn't wish to bring about the consequences, which result, the tort involves:
Negligence
False imprisonment is defined as the intentional confinement or restraint of another person's activities:
without justification
One element necessary to prove wrongful interference with a contractual relationship is that a:
third party must know that a contract exists.
Even if no contact takes place, an intentional, unexcused act that creates in another person a reasonable apprehension of immediate harmful or offensive contact is:
Assault
A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover damages because of the defense of:
Assumption of risk
The basic defenses to liability in negligence include:
Assumption of risk Suspending cause Contributory and comparative negligence
Wrongful interferences with the business rights of others is called:
Business torts
This kind of tort is an act that deprives an owner of personal property or of the use of that property without permission or just cause:
Conversion
An intentional tort requires:
Intent
There are basically two types of torts:
Intentional and Unintentional
One kind of business tort is:
Interference with a contractual relationship
A tortfeasor is:
The one committing the tort
One who enters onto another's land without permission, even if he does no damage, commits the tort of:
Trespass to land
A harmful or offensive physical contact which is intentional is:
a battery.
A licensee is:
a person who is invited onto the property of another for his own benefit.
A person will not be liable for the tort of wrongful interference with a contractual or business relationship if it can be shown that the interference was:
permissible.
Generally, the purpose of tort law is to provide remedies for the violation of:
protected interests
The kind of damages designed to punish the wrongdoer and deter others from similar wrongdoing are called:
punitive damages
Tort law measures duty according to the:
reasonable person standard