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: In a tort case, an amount awarded to compensate the plaintiff for quantifiable monetary losses, such as medical expenses, property damage, and lost wages and benefits (now and in the future)

General damages: In a tort case, an amount awarded to compensate individuals for the nonmonetary aspects of the harm suffered, such as pain and suffering. Not available to companies

punitive damages: Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future

Intentional tort: A wrongful act knowingly committed, result from the intentional violation of persons or property (fault with intent)

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

Tortfeasor: One who commits a tort

transferred intent: A legal principle under which a person who intends to harm one individual, but unintentionally harms a different individual, can be liable to the second victim for an intentional tort

Assault: Any word or action intended to make another person fearful of immediate physical harm—a reasonably believable threat

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”: granted to merchants in most states, a merchant can use reasonable force to detain or delay a person suspected of shoplifting the merchant’s property, conducted in a reasonable manner and for only a reasonable length of time

intentional infliction of emotional distress (IIED): extreme and outrageous conduct resulting in severe emotional distress to another

Actionable: Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action

Defamation: False statements of fact that are published or publicly spoken that causes injury to another

Libel: Defamation in writing or another permanent form (such as a digital recording)

Slander: Defamation in oral form

Privilege: A special right, advantage, or immunity that enables a person or a class of persons to avoid liability for defamation, absolute and qualified

actual malice: The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. It is required to establish defamation against public figures

Appropriation: In tort law, the use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user.

fraudulent misrepresentation: Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to that person’s detriment

Puffery: A salesperson’s exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties

business tort: Wrongful interference with another’s business rights and (contractual and business) relationships

Contractual relationship: valid, enforceable contract. third party must know that this contract exists. must intentionally induce a party to breach the contract.

trespass to land; Entry onto, above, or below the surface of land owned by another without the owner’s permission or legal authorization.

trespass to personal property: Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner’s possession of personal property

Conversion: Wrongfully taking or retaining possession of an individual’s personal property and placing it in the service of another

Negligence: The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances

duty of care: The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Considered nature of act/manner/nature of injury. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence

reasonable person standard: The standard of behavior expected of a hypothetical “reasonable person.” It is the standard against which negligence is measured and that must be observed to avoid liability for negligence.

business invitee: An individual who is invited onto business premises by the owner of those premises for business purposes

Malpractice: Professional misconduct or the lack of the requisite degree of skill as a professional. Negligence on the part of a professional, such as a physician, is commonly referred to as malpractice.

causation in fact: An act or omission without which an event would not have occurred. “But for”

Proximate cause: Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability

Good Samaritan statutes: A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly and cause further harm.

dram shop acts: A state statute that imposes liability on those who sell or serve alcohol for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication

affirmative defenses in negligence cases: assumption of risk, superseding cause, contributory negligence

assumption of risk: A defense to negligence that bars a plaintiff from recovering for injuries or damage suffered as a result of risks that were known and voluntarily assumed

contributory negligence: A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the harm suffered is partly the plaintiff’s own fault

comparative negligence: A rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely

strict liability: Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods

product liability: The liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by the goods

Privity of contract: The relationship that exists between the parties to a contract

unreasonably dangerous product: A product that is so defective that it is dangerous beyond the expectation of an ordinary consumer or a product for which a less dangerous alternative was feasible but the manufacturer failed to produce it