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These flashcards cover key vocabulary terms and concepts related to intentional torts and business torts, including definitions and examples.
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Tort
A violation of a duty imposed by the civil law, meaning 'wrong' in French.
Defamation
The law concerning false statements that harm someone's reputation, which can be written (libel) or spoken (slander).
Libel
Written defamation.
Slander
Oral defamation.
Slander per se
Oral statements that are assumed harmful and relate to criminal or sexual conduct, contagious diseases, or professional abilities.
Libel per se
Written statements that are assumed harmful and relate to criminal or sexual conduct, contagious diseases, or professional abilities.
Actual Malice
The knowledge that a statement is false, or acting with reckless disregard of whether it is false or not, especially related to public figures in defamation cases.
False Imprisonment
The intentional restraint of another person without reasonable cause and without consent.
Intentional Infliction of Emotional Distress
A tort where harm results from extreme and outrageous conduct causing serious emotional harm.
Battery
An intentional touching of another person in a harmful or offensive way.
Assault
An act that causes a person to reasonably fear an imminent battery.
Trespass
Intentionally entering land that belongs to someone else or remaining on the land after being asked to leave.
Conversion
Taking or using someone’s personal property without consent.
Fraud
Injuring another person by deliberate deception.
Compensatory Damages
Money intended to restore a plaintiff to their pre-injury position.
Punitive Damages
Damages intended to punish the defendant for extreme and outrageous conduct.
Tortious Interference With Business Relations
Illegally interfering with a competitor's contractual relations or prospective advantage.
False Advertising
Misleading advertisements intended to harm another business, protected under the Lanham Act.