Business Law - Intentional Torts and Negligence

Flashcards about Intentional Torts and Negligence

compensation

The main goal of an injured party in bringing a civil lawsuit regarding torts is to seek __ for a wrong done to the party or their property.

intent

An intentional tort requires the defendant to have possessed the __ to do the act that caused the plaintiff’s injuries.

Assault

__ in the context of intentional torts is the threat of immediate harm or offensive contact that arouses reasonable apprehension of imminent harm; actual physical contact is not necessary.

Battery

__ in the context of intentional torts is unauthorized and harmful or offensive physical contact with another person that causes injury; can involve direct or indirect contact.

transferred intent

The doctrine of __ applies when a person intends to injure one person but injures another; the law transfers the perpetrator's intent to the actual victim.

False imprisonment

__ constitutes the intentional confinement or restraint of another person without authority or justification and without the person's consent.

reasonable grounds, reasonable time, reasonable manner

A merchant can detain a suspected shoplifter without being liable for false imprisonment if there are for suspicion, suspects are detained for a , and investigations are conducted in a __ .

Misappropriation of the right to publicity

__ is an attempt to appropriate a living person's name or identity for commercial purposes.

Invasion of the right to privacy

__ is the violation of a person’s right to live his or her life without being subjected to unwanted and undesired publicity, even if the facts are true.

defamation, oral, false statements

The two types of are slander, which is defamation, and libel, which is __ in media.

untrue statement, fact, third party

In a defamation case, a plaintiff must prove that the defendant made an of about the plaintiff, and the statement was intentionally or accidentally published to a __ .

Actual malice

__ in the context of defamation for public figures means the defendant made the false statement knowingly or with reckless disregard of its falsity.

Disparagement

__ refers to false statements made about a competitor’s products, services, property, or business reputation.

Intentional misrepresentation

__ , also known as fraud, is the intentional defrauding of a person out of money, property, or something else of value.

Intentional infliction of emotional distress

__ is extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress to another person, also known as the tort of outrage.

Malicious prosecution

__ is a lawsuit in which the original defendant sues the original plaintiff for improperly filing a lawsuit.

Negligence

__ is the omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do.

care, duty, plaintiff, actual, proximate

The elements of a negligence lawsuit are duty of , breach of , injury to , cause, and __ cause.

care

The duty of __ is the obligation people owe each other not to cause any unreasonable harm or risk of harm.

reasonable person standard

The __ is a test used to determine whether a defendant owes a duty of care.

breach of duty of care

A __ occurs when there is a failure to exercise care or to act as a reasonable person would act.

Causation in fact

__ means a person who commits a negligent act is not liable unless actual cause can be proven.

Proximate cause

__ is a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.

Professional malpractice

__ is the liability of a professional who breaches his or her duty of ordinary care, also known as the breach of reasonable professional standard.

Negligence per se

__ means the violation of a statute or an ordinance constitutes the breach of the duty of care.

Res ipsa loquitur

__ applies when the defendant had exclusive control of the situation that caused the plaintiff’s injury, and the injury would not have ordinarily occurred but for someone’s negligence.

Gross negligence

__ is harm that is caused by a person's willful misconduct or reckless behavior, potentially leading to punitive damages.

attractive nuisance doctrine

The __ is a tort rule that imposes liability on a landowner to children who are attracted to the landowner’s property by an attractive nuisance and are killed or injured on the property.

Good Samaritan law

The __ protects medical professionals who stop and render emergency first aid from liability for ordinary negligence.

superseding or intervening event

A __ is an event for which the defendant is not responsible and that breaks the chain of causation in the context of negligence defenses.

Assumption of risk

__ is a defense against negligence where the plaintiff knowingly and voluntarily participates in a risky activity that results in injury.

Contributory negligence

__ occurs when the Plaintiff is partly at fault for their own injuries and therefore cannot recover any damages.

comparative negligence

Under __ , damages are apportioned according to fault which can be pure or partial.

What is strict liability?

__ is liability without fault