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absolute privilege
a defence against defamation for statements made in a court or parliament, or between spouses
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abuse of process
- malicious use of the court process for an improper purpose
- assault : the intentional creation of the apprehension of imminent harmful or offensive contact
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bailee
the party who holds or stores goods for another
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bailment
an agreement between parties that one will store the goods of the other
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bailor
the party who has handed over goods for storage to another
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battery
any non-consensual physical contact or touching by the defendant to the plaintiff’s physical person
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chattels
possessions other than land
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conspiracy
an agreement between or among parties to deceive, mislead, or defraud others of their legal rights, or to gain an unfair advantage
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conversion
wrongful possession that includes exercise of rights of ownership, preventing the actual owner from exercising such rights
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defamation
intentional harm to a person’s reputation in the community
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detinue
wrongful possession of a chattel that belongs to another
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fair comment
a defence against defamation used by individuals and organizations whose mandate is the dissemination of information to the public
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false imprisonment
confinement within a fixed boundary of a person against that person’s will
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fraud
1. intentional misrepresentation that causes another to suffer damages; also called deceit 2. false or misleading allegations for the purpose of inducing another to part with something valuable or to give up some legal right 3. a tort and/or crime based on deception for the purpose of profit
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fraudulent concealment
deliberate hiding, non-disclosure, or suppression of a fact or circumstance with intent to deceive or defraud in a contractual arrangement
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fraudulent misrepresentation
1. a false statement that the maker knows is false, made to induce a party to enter into a contract 2. intentional fraud that causes another to enter into a contract
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inducing breach of contract
ntentional incitement to terminate a contract prematurely
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intellectual property
legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields
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intentional infliction of mental suffering
an act or (false or misleading) statement that is calculated to cause mental anguish, results in a disturbance in the plaintiff’s health, and is capable of being diagnosed or confirmed by a physician
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intentional tort
a tort that, once proved, is presumed to have been deliberately committed
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libel
making a defamatory statement by publishing or broadcasting it.
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malicious prosecution
initiation of a criminal proceeding with malicious intent for no reasonable or probable cause
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nominal damages
ow amount of token damages awarded to acknowledge the wrong done to the plaintiff
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psychological confinement
barrier-free confinement of a person against his or her will
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qualified privilege
a defence against defamation for statements made while fulfilling a duty
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slander
making an oral defamatory statement
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slander of goods
false or misleading statements intended to decrease a competitor’s market share
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slander of title
false or misleading statements intended to deter another from entering into a transaction.
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