Business Law Chapter 5 section 1 – Flashcards
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Tort
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private or civil wrong; offense against an induvidual
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Damages
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a monetary award intended to compensate the injured party for the harm doen to him/her
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Elements of a tort
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duty, breach of duty, injury, causation
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Causation
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breach of the duty caused the injury
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Three duties by law
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not to injure another, not to interfere with the property rights of others, and not to interfere with the economic rights of others
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Certain mental state at the time of the breach
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many torts acknowledge a breach only when the defendant possesses a __ __ _ _ _ _ _ _ _
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Intentional torts
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torts that require the breach be intentional
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Negligence
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carelessness, most common tort
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Strict liability
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neither intent nor carelssness is required
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no tort
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if you act recklessly, but no one is injured, there is _ _
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Proximate cause
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when the amount of causation is great enough for it to be recognized by the law
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Forseeable
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Generally, proximate cause exists when it is reasonably ____ that a breach of duty will result in an injury
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children insane
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Even __ or __ persons may be held liable for injuring others
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Vicarious liability
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when one person is liable for the torts of others
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minor
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In some states parents are liable, by statue, up to a specified amount of money for property damage by their __ children
