Chapter 10

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  1. Tort
    A civil wrong other than a breach of contract.
  2. Intentional tort
    Noncontractual legal wrong caused by one who declares to cause the wrong or where the wrong is substantially likely to occur from the behavior.
  3. Assault
    The intentional creation of immediate apprehension of injury of lack of physical safety.
  4. Battery
    The cause of action for physical contact that is not consented to and is offensive.
  5. Infliction of mental distress
    An intentional tort of the emotions that cause both mental distress and physical systems as a result of the defendant's outrageous behavior.
  6. Invasion of privacy
    A tort based on misappropriation of name or likeness, intrusion upon physical solitude, or public disclosure of objectionable, private information.
  7. False imprisonment
    The tort of an intentional, unjustified confinement of a nonconsenting person who knows of the confinement.
  8. Malicious prosecution
    An action for recovery of damages that have resulted to person, property, or reputation from previous unsuccessful civil or criminal proceedings that were procedures without probable cause and with malice.
  9. Trespass
    An act done in an unlawful manner so as to cause injury to another; an unauthorized entry upon another's land.
  10. Conversion
    The wrongful exercise of dominion (power) and control over the personal (nonland) resources that belong to another.
  11. Slander
    An oral defamatory statement communicated to a third person.
  12. Libel
    A defamatory written statement communicated to a third party.
  13. Injurious falsehood
    A statement of untruth that causes injury or damage to the party against whom it is made.
  14. Intentional interference with contractual relations
    The tort of causing another to break a contract.
  15. Negligence
    A person's failure to exercise reasonable care that foreseeable causes another injury.
  16. Duty
    A legal obligating imposed by the law.
  17. Willful and wanton negligence
    Extremely unreasonable behavior that causes injury.
  18. Cause in fact
    The actual cause of an event; the instrument that is the responsible force for the occurrence of a certain event. A required element of a tort.
  19. Contributory negligence
    A failure to use reasonable care by the plaintiff in an negligence suit.
  20. Comparative responsibility
    A doctrine that compares the plaintiff's contributory fault with the defendant's fault and allows the jury to reduce the plaintiff's verdict by the percentage of the plaintiff's fault.
  21. Proximate cause
    In tort law and legal requirement that an act foreseeable causes an injury.
  22. Cause in fact
    The actual cause of an event; the instrument that is the responsible force for the occurrence of a certain event. A required element of a tort.
  23. Assumption-or-the-risk
    Failure to use proper care for one's own safety.
  24. Strict liability
    The doctrine under which a party may be required to respond in tort damages without regard to such party's use of due care.
  25. Strict products liability
    The cause of action under which commercial sellers of defective products are held liable without negligence.
  26. Production defects
    A defect arising when a product does not meet its manufacturer's own standards.
  27. Design defects
    A defect arising when a product does not meet society's expectation for safely designed product.
  28. Dram shop acts
    Statutes adopted in many states that impose strict liability upon tavern owners for injuries to third partied caused by their intoxicated patrons.
  29. Compensatory damages
    Usually awarded in breach of contract cases to pay for a party's losses that are a direct and foreseeable result of the other party's breach.
  30. Punitive damages
    Monetary damages in excess of a compensatory award, usually granted only in intentional tort cases where defendant's conduct involved some element deserving punishment.

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Chapter 10
2015-02-28 23:50:29

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