Business Law Ch 8

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fillup
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225465
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Business Law Ch 8
Updated:
2013-06-30 16:23:21
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Business Law
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Business Law Ch 8
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  1. absolute privilege
    A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statement made, regardless of intent or knowledge of the falsity of the claim.
  2. abuse of process
    The malicious and deliberate misuse or perversion of a legal procedure.
  3. actual malice.
    In defamation, either a person’s knowledge that his or her statement or published material is false or the person’s reckless disregard for whether it was false
  4. appropriation for commercial gain
    A privacy tort that occurs when someone uses a person’s name, likeness, voice, identity, or other identifying characteristics for commercial gain without that person’s permission.
  5. assault
    A civil wrong that occurs when one person intentionally and voluntarily places another in fear or apprehension of an immediate, offensive physical harm. Assault does not require actual contact.
  6. battery
    A civil wrong that occurs when one person intentionally and voluntarily brings about a nonconsented harmful or offensive contact with a person or something closely associated with him or her. Battery requires an actual contact.
  7. compensatory damages
    Money awarded to a plaintiff as reimbursement for her or his losses; based on the amount of actual damage or harm to property, lost wages or profits, pain and suffering, medical expenses, disability, etc.
  8. conditional privilege
    A special right, immunity, permission, or benefit given to certain individuals that allows them to make any statements about someone without being held liable for defamation for any false statements made without actual malice.
  9. conversion
    Permanent interference with another’s use and enjoyment of his or her personal property.
  10. defamation
    A false statement or an action that harms the reputation or character of an individual, business, product, group, government, or nation.
  11. disparagement
    A business tort that occurs when a statement is intentionally used to defame a business product or service.
  12. false imprisonment
    The unlawful restraint of another against the person’s will.
  13. false light
    A privacy tort that occurs when highly offensive information is published about an individual that is not valid or places the person in a false light.
  14. food disparagement
    A tort that provides ranchers and farmers with a cause of action when someone spreads false information about the safety of a food product.
  15. fraudulent misrepresentation
    (1) The tort that occurs when a misrepresentation is made with intent to facilitate personal gain and with the knowledge that it is false. (2) In contracts, a false representation of a material fact that is consciously false and is intended to mislead the other party. Also called intentional misrepresentation.
  16. intentional interference with contract
    The tort that occurs when someone intentionally takes an action that will cause a person to breach a contract that he or she has with another.
  17. intentional infliction of emotional distress
    The tort that occurs when someone intentionally engages in outrageous conduct that is likely to cause extreme emotional distress to another person.
  18. Intentional torts
    A civil wrong resulting from an intentional act committed on the person, property, or economic interest of another. Intentional torts include assault, battery, conversion, false imprisonment, intentional infliction of emotional distress, trespass to land, and trespass to chattels.
  19. intrusion on an individual's affairs or seclusion
    A physical, electronic, or mechanical intrusion that invades someone’s solitude, seclusion, or personal affairs when he or she has the right to expect privacy. The tort occurs at the time of the intrusion; no publication is necessary.
  20. malicious prosecution
    A tort in which one person wrongfully subjects another to criminal or civil litigation for the sole purpose of causing problems for that other person, often in retaliation for previous litigation between the two.
  21. negligent torts
    A civil wrong that occurs when the defendant acts in a way that subjects other people to an unreasonable risk of harm (i.e., the defendant is careless, to someone else’s detriment). Negligence claims are usually used to achieve compensation for accidents and injuries.
  22. nominal damages
    Monetary damages awarded to a plaintiff in a very small amount, typically $1 to $5, to signify that the plaintiff has been wronged by the defendant even though the plaintiff suffered no compensable harm.
  23. private nuisance
    A nuisance that affects only a single individual or a very limited number of individuals.
  24. public disclosure of private facts
    A privacy tort that occurs when a person publishes a highly offensive private fact, such as information about one’s sex life or failure to pay debts, about someone who did not waive his or her right to privacy.
  25. public figure privilege
    A special right, immunity, or permission that allows people to make any statement about public figures, typically politicians and entertainers, without being held liable for defamation as long as false statements were not made with malice.
  26. punitive damages
    Compensation awarded to a plaintiff that goes beyond reimbursement for actual losses and is imposed to punish the defendant and deter such conduct in the future. Also called exemplary damages.
  27. slander of quality
    A business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.
  28. slander of title
    A business tort that occurs when false published statements are related to the ownership of the business property.
  29. strict-liability torts
    A civil wrong that occurs when a defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. The defendant is liable for the plaintiff’s damages without any requirement that the plaintiff prove that the defendant was negligent.
  30. tort
    A violation of another person’s rights or a civil wrongdoing that does not arise out of a contract or statute; primary types are intentional, negligent, and strict-liability torts.
  31. tortfeasor
    A person who commits an intentional or through-negligence tort that causes a harm or loss for which a civil remedy may be sought.
  32. trade libel
    A business tort that occurs when false printed statements criticize a business product or service and result in a loss of sales.
  33. trespass to personalty
    The temporary interference with a person’s use or enjoyment of his or her personal property.
  34. trespass to realty
    A tort that occurs when someone goes on another’s property without permission or places something on another’s property without permission.
  35. unfair competition
    The act of competing with another not to make a profit but for the sole purpose of driving that other out of business.
  36. wrongful civil proceedings
    A tort in which one person wrongfully subjects another to criminal or civil litigation that has no justifiable basis.

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