Business Law Chapter 5 Cheeseman – Flashcards
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Tort
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A wrong. There are three categories of torts; (1) intentional torts, (2) unintentional torts (negligence), and (3) strict liability.
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Intentional Tort
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A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries.
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Assault
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(1) The threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is not necessary.
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Battery
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Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
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Transferred Intent Doctrine
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Under this doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act.
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False Imprisonment
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Intentional confinement or restraint of another person without authority or justification and without that person's consent.
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Misappropriation of the right to publicity
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An attempt by another person to appropriate a living person's name or identity for commercial purposes.
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Invasion of the right to privacy
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The unwarranted and undesired publicity of a private fact about a person. The fact does not have to be untrue.
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Defamation of Character
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False statements made by one person about another. In court, the plaintiff must prove that (1) a defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party.
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Libel
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A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on.
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slander
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Oral defamation of character.
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Disparagement(trade libel, product disparagement, and slander of title)
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False statements about a competitor's products, services, property, or business reputation.
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Intentional Misrepresentation (Fraud or Deceit)
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The intentional defrauding of a person out of money, property, or something else of value. 4 Elements 1. The Wrongdoer made a false representation of material fact. 2. The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party. 3. The innocent party justifiably relied on the misrepresentation. 4. The innocent party was injured.
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Malicious Prosecution
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A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa.
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Unintentional tort (negligence)
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A doctrine that says a person is liable for harm that is foreseeable consequence of his or her actions.
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Duty of Care
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The obligation people owe each other not to cause any unreasonable harm or risk of harm.
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Reasonable Person Standard
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A test used to determine whether a defendant owes a duty of care. This measures the defendant's conduct against how an objective, careful, and conscientious person would have acted in the same circumstances.
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Breach of the Duty of Care
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A failure to exercise or to act as a reasonable person would act.
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Injury
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A plaintiff's personal injury or damage to his or her property that enables him or her to recover monetary damages for the defendants negligence.
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Actual cause
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The actual cause of the negligence. A person who commits a negligent act is not liable unless actual cause can be proven.
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Proximate Clause
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A point along a chain of events caused by a negligent party which this party is no longer legally responsible for the conwequences of his or her actions.
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Professional Malpractice
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The liability of a professional who breaches his or her duty of ordinary care.
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Negligent Infliction of emotional distress
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A tort that permits a person to recover for emotional distress caused by the defendants negligent conduct.
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Negligence per se
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A tort in which the violation of a statute or ordinance constitutes a breach of the duty of care.
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Res ipsa loquitur
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A tort in which the preseumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someones negligence. The burden switches to the defendant to prove that he or she was not negligent.
