Vocabulary Torts
res ipsa loquitur.
Latin for - "The thing speaks for itself"- the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent is called
proximate cause
Once actual cause is found, the requirement of _________ means that the court must also make a policy decision as to whether the negligent act and the harm were so foreseeably related as to justify a finding of liability.
slander
Spoken defamation is known as
appropriation
is an intentional unauthorized exploitive use of another person's personality, name, or picture for the defendant's benefit.
strict liability
is liability without having to prove fault.
loss of consortium
A __________ claim represents the loss by one spouse of the other spouse's companionship, services, or affection.
transferred intent
If a person directs a tortious act towards A but instead harms B, the intent to act against A is transferred to B; this is the legal fiction known as
malice
Making a defamatory remark, either knowing the material was false or acting with a "reckless disregard" for whether or not it was true, is known as acting with
defamation per se
Remarks that are considered to be so harmful that they are automatically viewed as defamatory are known as
products liability
The theory holding manufacturers and sellers liable for defective products when the defect makes the product unreasonably dangerous is known as
invasion of privacy
The tort of ________ is an intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light.
actual cause
is also known as cause in fact and is measured by the "but for" standard.
contributory negligence
is negligence by the plaintiff that contributed to the plaintiff's injury.
disclosure
is the intentional publication of embarrassing private affairs.
intrusion
is the intentional unjustified encroachment into another person's private activities.
defamation
is the publication of false statements that harm a person's reputation.
false imprisonment
occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will.
false light
The intentional false portrayal of someone in a way that would be offensive to a reasonable person constitutes the tort of
assumption of the risk
Voluntarily and knowingly subjecting oneself to danger is known as
libel
Written defamation is known as
ultrahazardous activities
are those activities that have an inherent risk of injury and therefore may result in strict liability.
battery
An intentional act that creates a harmful or offensive physical contact is known as a
assault
An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact is known as an
product misuse
The defense to a products liability claim that states the product was not being used for its intended purpose or in a dangerous manner, is known as
comparative negligence
provides a method for measuring the relative negligence of the plaintiff and the defendant with a commensurate sharing of the compensation for the injuries.
