Business Law Chapter 5

tort

A civil wrong, other than breach of contract, that causes harm or loss and for which the law provides a remedy.

damages

Monetary compensation awarded to a person who has suffered injury or loss because of another’s wrongful act.

master servant rule

A legal doctrine holding an employer responsible for the actions of an employee performed within the scope of employment.

negligence

Failure to exercise the level of care that a reasonably prudent person would under similar circumstances.

respondeat superior

A doctrine making employers liable for the negligent acts of employees committed during the course of employment.

intentional torts

Civil wrongs committed deliberately, where the defendant intended the act or knew the consequences were likely.

assault

An intentional act causing another person to fear imminent harmful or offensive contact.

battery

Intentional and unlawful physical contact or harm to another person without consent.

false imprisonment

Intentionally restricting or confining a person’s freedom of movement without legal justification.

defamation

A false statement communicated to others that harms a person’s reputation.

invasion of privacy

Unlawful intrusion into a person’s private affairs or unauthorized use of personal information.

trespass to land

Entering or remaining on another person’s property without permission.

conversion

Wrongfully taking or using another person’s personal property as if it were one’s own.

fraud

Intentional deception or misrepresentation made to gain an unfair or unlawful advantage.

strict liability

Liability imposed without requiring proof of negligence or intent, often for inherently dangerous activities.

statutes of repose

Laws that limit the time during which legal action can be brought, beginning from a specific event regardless of injury discovery.

injunction

A court order requiring a person to do or stop doing a specific act.

compensatory damages

Money awarded to reimburse a plaintiff for actual losses or injuries suffered.

punitive damages

Damages awarded to punish a defendant for especially wrongful conduct and deter similar behavior.

plaintiff

The party who brings a lawsuit in a civil case.

complaint

The formal document filed by a plaintiff stating the claims against the defendant.

summons

An official notice informing a defendant of a lawsuit and requiring a response.

answer

A defendant’s written response to the allegations in a complaint.

discovery

The pretrial process where parties exchange information and evidence relevant to the case.

evidence

Information or material presented in court to prove or disprove facts in a case.

testimony

Statements made under oath by a witness in court or during a deposition.

witness

A person who gives testimony or evidence regarding facts related to a legal case.

verdict

The formal decision made by a jury regarding the outcome of a case.

judgment

The final decision or order issued by a court resolving the dispute.

contingency fee arrangement

A payment agreement where an attorney receives a percentage of the client’s recovery only if the case is won or settled.

res ipsa loquitur

A legal doctrine meaning “the thing speaks for itself,” allowing negligence to be inferred from the nature of an accident.