Business Law.txt

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Business Law.txt
2010-04-18 21:10:31
Business Law

Business Law Chapter 6 Flashcards
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  1. Actionable´╗┐
    Capable of serving as the basis of a lawsuit
  2. Actual Malice
    A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.
  3. Appropriation
    In tort law, the use by one persons of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
  4. Assault
    Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
  5. Battery
    The unprivileged intentional touching of another.
  6. Business Tort
    The wrongful interference with the business rights of another.
  7. Compensatory Damages
    A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party
  8. Conversion
    The wrongful taking, using, or retaining possession of personal property that belongs to another.
  9. Cyber Tort
    A tort committed via the Internet.
  10. Defamation
    Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.
  11. Disparagement of Property
    An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title .
  12. Fraudulent Misrepresentation (fraud)
    Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
  13. Intentional Tort
    A wrongful act knowingly committed.
  14. Libel
    Defamation in writing or other form (such as in a videotape) having the quality of permanence
  15. Privilege
    In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation.
  16. Puffery
    A salesperson's exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.
  17. Punitive Damages
    Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
  18. Slander
    Defamation in oral form
  19. Slander of Quality (trade libel)
    The publication of false information about another's product alleging that it is not what its seller claims
  20. Slander of Title
    The publication of a statement that denies or casts doubt on another's product, alleging that it is not what its seller claims.
  21. Spam
    Bulk, unsolicited ("junk") e-mail
  22. Tort
    A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.
  23. Tortfeasor
    One who commits a tort.
  24. Trade Libel
    The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality
  25. Trespass to Land
    The entry onto,above,or below the surface of land owned by another without the owner's permission or legal authorization
  26. Trespass to Personal Property
    The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.