Business Law Chapter 5 Cheeseman

question

Tort
answer

A wrong. There are three categories of torts; (1) intentional torts, (2) unintentional torts (negligence), and (3) strict liability.
question

Intentional Tort
answer

A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries.
question

Assault
answer

(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.
question

Battery
answer

Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
question

Transferred Intent Doctrine
answer

Under this doctrine, the law transfers the perpetrator’s intent from the target to the actual victim of the act.
question

False Imprisonment
answer

Intentional confinement or restraint of another person without authority or justification and without that person’s consent.
question

Misappropriation of the right to publicity
answer

An attempt by another person to appropriate a living person’s name or identity for commercial purposes.
question

Invasion of the right to privacy
answer

The unwarranted and undesired publicity of a private fact about a person. The fact does not have to be untrue.
question

Defamation of Character
answer

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.
question

Libel
answer

A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on.
question

slander
answer

Oral defamation of character.
question

Disparagement(trade libel, product disparagement, and slander of title)
answer

False statements about a competitor’s products, services, property, or business reputation.
question

Intentional Misrepresentation (Fraud or Deceit)
answer

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.
question

Malicious Prosecution
answer

A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa.
question

Unintentional tort (negligence)
answer

A doctrine that says a person is liable for harm that is foreseeable consequence of his or her actions.
question

Duty of Care
answer

The obligation people owe each other not to cause any unreasonable harm or risk of harm.
question

Reasonable Person Standard
answer

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.
question

Breach of the Duty of Care
answer

A failure to exercise or to act as a reasonable person would act.
question

Injury
answer

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.
question

Actual cause
answer

The actual cause of the negligence. A person who commits a negligent act is not liable unless actual cause can be proven.
question

Proximate Clause
answer

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.
question

Professional Malpractice
answer

The liability of a professional who breaches his or her duty of ordinary care.
question

Negligent Infliction of emotional distress
answer

A tort that permits a person to recover for emotional distress caused by the defendants negligent conduct.
question

Negligence per se
answer

A tort in which the violation of a statute or ordinance constitutes a breach of the duty of care.
question

Res ipsa loquitur
answer

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.

Get instant access to
all materials

Become a Member