BUSINESS LAW - CHAPTER 4 (Torts and Cybertorts)

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Author:
rootbytes
ID:
262815
Filename:
BUSINESS LAW - CHAPTER 4 (Torts and Cybertorts)
Updated:
2014-02-19 14:21:52
Tags:
BUSINESS LAW CH4 Torts Cybertorts
Folders:
SPRING 2014
Description:
Memorize terms for Midterm
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  1. A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.
    Tort
  2. A tort committed in cyberspace.
    Cybertort
  3. Any word or action intended to make another person fearful of immediate physical harm—a reasonably believable threat.
    Assault
  4. Unexcused, harmful or offensive, physical contact with another that is intentionally performed.
    Battery
  5. Restricting Free Moving (ex: Chinese delivery guy, MTA Driver)
    False Imprisonment
  6. Anything published or publicly spoken that causes injury to another’s good name, reputation or character.
    Defamation
  7. Defamation in writing or another form having the quality of permanence (such as a digital
    recording).
    Libel
  8. Defamation in oral form.
    Slander
  9. Violation of Secret Life
    Intrusion
  10. Public disclosure of private facts
    Selx-Explanatory
  11. The use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user.
    Appropriation/Right of Publicity
  12. Intentional misrepresentation of a material fact leading to reasonable reliance of harm.
    Fraud
  13. A salesperson’s often exaggerated claims concerning the quality of property
    offered for sale. Such claims involve opinions rather than facts and are not
    legally binding promises or warranties.
    Puffery
  14. Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.
    Trespass to Land
  15. Wrongfully taking or harming the personal property of another or otherwise interfering
    with the lawful owner’s possession of personal property. (ex; snowblwr)
    Trespass to personal property
  16. Wrongfully taking or retaining possession of an individual’s personal property and placing
    it in the service of another.
    Conversion
  17. Defamation of business income assets leading to harm
    Disparagement
  18. An economically injurious falsehood about another’s product or property.
    Disparagement of property
  19. The failure to exercise the standard of care that a reasonable person would
    exercise in similar circumstances.
    Negligence
  20. The standard of behavior expected of a hypothetical “reasonable person.” It is the standard against which negligence is measured and that must be observed to avoid liability for negligence.
    Reasonable Person Standard
  21. Professional misconduct or the lack of the requisite degree of skill as a professional.
    Negligence—the failure to exercise due care—on the part of a professional, such
    as a physician, is commonly referred to as malpractice.
    Malpractice
  22. Legal cause. It exists when the connection between an act and an injury is strong
    enough to justify imposing liability.
    Proximate Cause
  23. A defense to negligence. A plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.
    Assumption of Risk
  24. A rule in tort law, used in only a few states, that completely bars the plaintiff from
    recovering any damages if the damage suffered is partly the plaintiff’s own
    fault.
    Contributory Negligence
  25. A rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery
    in proportion to the plaintiff’s degree of fault, rather than barring recovery completely.
    Comparative Negligence
  26. A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means “the facts speak for themselves.”
    Res Ipsa Loquitur
  27. A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
    Dram Shop Act
  28. The employer will be liable for on-duty harm of employees (ex; the bar owner will also get sued if a patron is into an accident because the bartender kept serving
    alcohol)
    Respondeant Superior
  29. Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or
    sellers that introduce into commerce defective and unreasonably dangerous
    goods.
    Strict Liability

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