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These flashcards cover key legal concepts, definitions, and cases related to Business Law and Tort Law topics.
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Tort
A civil wrong or injury to another person, property, or economic interest (other than breach of contract).
Tortfeasor
One who commits a tort against another.
Intentional Torts
Defendant deliberately takes action causing injury.
Negligent Torts
Defendant acts carelessly, creating unreasonable risk of harm.
Strict-Liability Torts
Defendant undertakes inherently dangerous activity that cannot be done safely.
Battery
Intentional, unwanted, offensive bodily contact.
Assault
Placing another in fear/reasonable apprehension of immediate, offensive bodily contact.
Invasion of Privacy
Public disclosure of private facts, intrusion on seclusion.
Defamation
Intentional publication of a false statement of fact harmful to reputation.
Libel
Written/published defamation.
Slander
Spoken defamation.
Absolute Privilege
Statements during testimony to Congress, courts, legislative proceedings.
Conditional Privilege
Not liable unless false statement made with actual malice.
Trespass to Realty
Unauthorized entry onto real property possessed by plaintiff.
Disparagement
Publishing false statement about business's product/service causing lost sales.
Negligence
Behavior that creates an unreasonable risk of harm to others.
Duty
Standard of care a reasonable person owes another.
Breach of Duty
Failure to live up to the standard of care.
Causation
Both actual cause and proximate cause.
Damages
Compensable loss suffered by plaintiff.
Vicarious Liability
Employer is liable for employees' negligent acts when acting within the course and scope of employment.
Workers' Compensation
No-fault employer insurance coverage for job-related injuries.
Negligence Per Se
Proving negligence by showing defendant violated a statute enacted to prevent a certain type of harm.
Four Elements of Negligence
Duty, Breach, Causation, Damages.
Palsgraf v. Long Island Railroad Co.
Case establishing that no liability arises for unforeseeable injuries.
Comparative Negligence
Apportions liability between plaintiff and defendant according to degree of responsibility.
Employer's Liability for Employees' Acts
Under respondeat superior, employers are responsible for employees' negligent actions.