Ch. 5 – Torts and Product Liability

Tort

A wrongful act (other than a breach of contract) that results in harm or injury to another and leads to civil liability.

Damages

A monetary award sought as a remedy for a breach of contract or a tortious action.

Compensatory Damages

A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Special Damages

An amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages.

General Damages

An amount awarded to compensate individuals for the nonmonetary aspects of harm suffered, such as pain and suffering.

Punitive Damages

Monetary damages awarded to punish the defendant and deter similar conduct in the future.

Intentional Tort

A wrongful act knowingly committed, resulting from intentional violation of persons or property.

Tortfeasor

One who commits a tort.

Transferred Intent

A legal principle where a person intending to harm one individual unintentionally harms another, making them liable.

Assault

Any word or action intended to make another person fearful of immediate physical harm.

Battery

Physical contact with another that is unexcused, harmful or offensive, and intentionally performed.

False Imprisonment

The intentional confinement or restraint of another person’s activities without justification.

Privilege to Detain

Authority granted to merchants to detain persons suspected of shoplifting.

IIED

Intentional infliction of emotional distress; extreme conduct resulting in severe emotional distress.

Actionable

Capable of serving as the basis of a lawsuit.

Defamation

False statements published or spoken that cause injury to another.

Libel

Defamation in writing or another permanent form.

Slander

Defamation in oral form.

Privilege

A special right to avoid liability for defamation.

Actual Malice

Deliberate intent to cause harm when making a false statement.

Appropriation

Using another's name or likeness without permission for one's benefit.

Fraudulent Misrepresentation

Knowingly made misrepresentation intended to deceive another.

Puffery

Salesperson’s exaggerated claims that are opinions rather than facts.

Business Tort

Wrongful interference with another’s business rights and relationships.

Contractual Relationship

Valid, enforceable contract; third party must know its existence.

Trespass to Land

Entry onto land owned by another without permission.

Trespass to Personal Property

Wrongfully taking or harming another's personal property.

Conversion

Wrongfully taking possession of an individual’s personal property.

Negligence

Failure to exercise the standard of care expected in similar circumstances.

Duty of Care

The duty to exercise reasonable care in dealings with others.

Reasonable Person Standard

The standard of behavior expected of a hypothetical reasonable person.

Business Invitee

An individual invited onto business premises for business purposes.

Malpractice

Professional misconduct or negligence by a professional.

Causation in Fact

An act or omission without which an event would not have occurred.

Proximate Cause

Legal cause; exists when the connection between an act and injury is strong.

Good Samaritan Statutes

Statutes protecting those providing emergency services from negligence.

Dram Shop Acts

Laws imposing liability on alcohol servers for damages caused by intoxicated persons.

Assumption of Risk

Defense barring recovery for injuries from risks that were known and voluntary.

Contributory Negligence

Rule barring recovery if the plaintiff's fault contributed to the harm.

Comparative Negligence

Rule reducing recovery based on the plaintiff's degree of fault.

Strict Liability

Liability imposed regardless of fault for certain activities.

Product Liability

Liability of sellers and manufacturers for injuries caused by goods.

Privity of Contract

The relationship existing between the parties of a contract.

Unreasonably Dangerous Product

A product so defective that it poses unexpected danger to consumers.

Defense

A reason offered by a defendant in an action or lawsuit as to why the plaintiff should not prevail, ex. Consent or comparative negligence or statute of limitations