Fundamentals of Business Law Chapter 4 – Flashcards
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Actionable
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Capable of serving as the basis of a lawsuit
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Actual Malice
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Made with either knowledge of falsity or a reckless disregard of the truth
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Appropriation
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The use by one person of another person's name, likeness, or other identifying characteristic, without permission and for the benefit of the user
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Assault
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Any intentional and unexcused threat of immediate harmful or offensive contact
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Assumption of risk
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A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will not be allowed to recover
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Battery
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An unexcused and harmful or offensive physical contact intentionally performed
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Business invitee
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Retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect these persons.
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Business tort
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Involve wrongful interference with the business rights of others
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Causation in fact
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Did the injury occur because of the defendant's act, or would it have occurred anyway? "But for the wrongful act, the injury would not have occurred"
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Comparative negligence
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A plaintiff who was also negligent (failed to exercise a reasonable degree of care) could not recover anything from the defendant
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Compensatory damages
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Intended to compensate or reimburse a plaintiff for actual losses
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Contributory negligence
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A plaintiff who was also negligent could not recover anything from the defendant
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Conversion
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Whenever a person wrongfully possesses or uses the personal property of another without permission
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Cyber tort
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Committed via the internet
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Defamation
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Wrongfully hurting a person's good reputation
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Defense
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Reason why plaintiffs should not obtain what they are seeking
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Disparagement of property
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Occurs when economically injurious falsehoods are made about another's product or property, not about another's reputation.
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Dram shop act
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Under which a tavern owner or bartender may be held liable for injuries caused by a person who became intoxicated while drinking at the bar or who was already intoxicated when served by the bartender
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Duty of care
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The basic principle underlying the duty of care is that people in society are free to act as they please so long as their actions do not infringe on the interests of others.
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Fraudulent misrepresentation
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Fraud; involves intentional deceit for personal gain
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Good Samaritan statute
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Under these statutes someone who is aided voluntarily by another cannot turn around and sue the "Good Samaritan" for negligence
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Intentional tort
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requires intent...A person must intend to commit an act, the consequences of which interfere with the personal or business interests of another in a way not permitted by law.
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Libel
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breaching the duty of defamation in writing or other permanent form (such as digital recording) involves this tort
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Malpractice
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If a professional violates her or his duty of care toward a client, the professional may be sued for Malpractice.
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Negligence
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Someone suffers injury because of another's failure to live up to a required duty of care
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Negligence per se
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Certain conduct whether it consists of an action or a failure to act, may be treated as such.
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Privilege
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Immunity
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Proximate cause
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Or legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability
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Puffery
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Sellers talk
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Punitive damages
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To punish the wrongdoer and deter others from similar wrongdoing
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Reasonable person standard
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whether a duty of care has been breached, the courts as how a reasonable person would have acted in the same circumstances
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Res ipsa loquitur
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The facts speak for themselves
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Slander
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Breaching the duty of defamation orally
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Slander of quality (trade libel)
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Publication of false information about another's product, alleging that it is not what its seller claims
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Slander of title
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When a publication denies or casts doubt on another's legal ownership of any property, and this results in financial loss to that property's owner
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Strict liability
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Liability without fault; liability for injury is imposed for reasons other than fault
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Tort
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Wrongful actions
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Tortfeasor
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One committing a tort
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Trespass to land
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Occurs anytime a person, without permission, enters onto, above, or below the surface of land that is owned by another
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Trespass to personal property
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An individual wrongfully takes or harms the personal property of another or otherwise interferes with the lawful owner's possession of personal property.
