Business Law Chapter 6 and 7 – Flashcards
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Tort
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a violation of a duty imposed by the civil law
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Defamation
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a defamatory statement that is false, uttered to a third person, and causes an injury. Opinion and privilege are valid defenses.
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False imprisonment
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the intentional restraint of another person without reasonable cause and without consent.
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Battery
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an intentional touching of another person in a way that is unwanted or offensive.
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Intentional Infliction of emotional distress
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An intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm.
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Assault
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involves an act that makes the plaintiff fear an imminent battery.
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Trespass
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Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave
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conversion
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taking or using someone's personal property w/o consent
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Fraud
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Injuring another person by deliberate deception
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Compensatory damages
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Money intended to restore a plaintiff to the position they were in before the injury
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Punitive Damages
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Damage that are intended to punish the defendant for conduct that is extreme and outrageous
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Single recovery principle
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Requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses
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Tortious Interference with business relations
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the defendant harming an existing contract or a prospective relationship that has a definite expectation of success.
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Five elements of Negligence are;
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1. duty of due care, 2. breach, 3.factual causation, 4.foreseeable type of harm, 5. and injury.
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Libel
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written defamation
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Slander
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oral defamation
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absolute privilege
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A witness testifying in court or legislature may never be sued
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Intrusion
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A tort in which a reasonable person would find the invasion of private life offensive
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Lanham Act
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Prohibits false statements in commercial ads or promotion
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Duty of care
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Each of us has a duty to behave as a reasonable person would under the circumstances
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Dram Act
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A law that makes businesses liable for serving drinks to intoxicated customers who later cause harm
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Strict liability
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Liability without fault. a branch of tort law that imposes a much higher level of liability when harm results from ultra hazardous acts or defective products
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contributory negligence
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A plaintiff who is even slightly responsible for his own injury recovers nothing
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Comparative negligence
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the jury may apportion liability between plaintiff and defendant
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breach of duty
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a defendant breaches his duty of due care by failure to meet his duty of care
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Negligence per se
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If a legislation sets a minimum standard of care for a particular activity in order to protect a certain group of people, and a violation of the statute injuries a member of that group, the defendant has committed negligence per se.
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factual cause
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if one event directly led to the ultimate harm, it is the factual
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proximate cause
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For the defendant to be liable, the type of harm must have been reasonably forseeable
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To win negligence case
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Prove; 1. Duty of due care 2. breach 3. Factual cause 4. proximate cause 5. damages
