Legal Concepts: Tort, Negligence, and Contracts

These flashcards cover key legal concepts from tort law, negligence, and contract law, providing definitions and explanations to aid in understanding and exam preparation.

Defamation

A statement that is false, said to a third person, and causes injury to reputation.

Libel

Written defamation that assumes statements about professional skills or sexual ability will damage a person’s reputation.

Slander

Oral defamation that assumes verbal statements about professional skills or sexual ability will damage a person’s reputation.

Malice

Intent to cause harm, which allows public personalities to win defamation suits.

Absolute Privilege

Protects witnesses from defamation cases when stating opinions in court.

False Imprisonment

Restraint of a person without reasonable cause and without consent.

Intentional infliction of emotional distress

Extreme and outrageous conduct that causes serious emotional harm.

Battery

Intentional touching in a harmful or offensive way.

Assault

An act that makes the plaintiff fear an imminent battery.

Trespassing

Remaining on someone’s property without consent.

Conversion

Taking or using someone's personal property without consent.

Fraud

Injuring another person by deliberate deception.

Lanham Act

Prohibits false advertisements or statements in commercial advertising.

Interference with a contract

An intentional tort where the defendant improperly induces a third party to breach a contract with the plaintiff.

Compensatory Damages

Damages meant to put the plaintiff in the same position prior to the incident.

Negligence

Harm that results from an accident.

Duty of due care

The expectation that the defendant acts reasonably under the circumstances.

Breach of duty

Failing to meet the duty of care.

Negligence per se

The minimum standard of care for a particular activity to protect a certain group.

Proximate causation

Foreseeable that harm would happen.

Res Ipsa Loquitur

The principle that the occurrence of an accident implies negligence.

Contributory Negligence

When the plaintiff is slightly responsible, resulting in them receiving nothing.

Comparative Negligence

Liability apportioned between plaintiff and defendant.

Assumption of risk

Acknowledgment that injury or harm is expected in the activity.

Strict Liability

Liability for ultrahazardous activities or defective products, regardless of care.

Contract

A legally enforceable agreement.

Offer

A statement or act that proposes definite terms for a contract.

Acceptance

Indication of a wish to be bound by the terms of an offer.

Consideration

The bargain for the exchange of something of value.

Capacity

Requirement of mental stability and age to enter a contract.

Legal purpose

The requirement that a contract's purpose must be legal.

Consent

Entering into a contract voluntarily.

Bilateral Contract

A contract where both parties make a promise to each other.

Unilateral Contract

A contract where only one party makes a promise, and the other party performs.

Executed Contract

A contract in which both parties have completed their promises.

Voidable Contract

A contract that exists but can be canceled by one party.

Promissory estoppel

A legal principle that enforces a promise when reliance on the promise is evident.

Quasi-contract

A situation where one party provides a benefit to another, expecting compensation.

Common Law

Governs the sale of commercial services.

Uniform Commercial Code (UCC)

Governs the law for the sale of goods.

Mailbox Rule

Acceptance of an offer is effective upon dispatch.

Counteroffer

A different proposal made in response to an original offer.