Chapter 10: Torts Affecting Business

  1. Assault
    The intentional creation of immediate apprehension of injury or lack of physical safety
  2. Assumption-of-the-risk
    Negligence doctrine that bars the recovery of damages by an injured party on the ground that such a party acted with actual or constructive knowledge of the hazard causing the injury
  3. Battery
    The cause of action for physical contact that is not consented to and is offensive
  4. Cause in fact
    The actual cause of an even; the instrument that is the responsible force for the occurrence of a certain event. A required element of tort
  5. Comparative responsibility
    A doctrine that compared the plaintiff's contributory fault with the defendant's fault and allows the jury to reduce the plaintiff's verdict by the percentage of the plaintiff's fault
  6. Compensatory damages
    Usually awarded in breach-of-contract cases to pay for a party's losses that are a direct and foreseeable result of the other party's breach. The award of these damages is designed to place the non-beaching party in the same position as if the contract had been performed
  7. Contributory negligence
    A failure to use reasonable care by the plaintiff in a negligence suit
  8. Conversion
    An unlawful exercise of dominion and control other another's property that substantially interferes with property rights
  9. Defamation
    The publication of anything injurious to the good name or reputation of another
  10. Design defect
    A defect arising when a product does not meet society's expectation for a safely designed product
  11. Dram shop acts
    Statutes adopted to many states that impose strict liability upon tavern owners for injuries to third parties caused by their intoxicated patrons
  12. Duty
    A legal obligation imposed by the law
  13. False imprisonment
    The tort of an intentional, unjust confinement of a non consenting person who knows of the confinement
  14. Fraud
    A false representation of fact made with the intent to deceive another that is justifiably relied upon to the injury of that person
  15. Infliction of mental distress
    An intentional tort of the emotions that caused both mental distress and physical symptoms as resulted in the defendant's outrageous behavior
  16. Injurious falsehood
    A statement of untruth that causes injury or damage to the party against whom it was made
  17. Intent
    A legal doctrine indicating that parties meant to do what they did
  18. Intentional interference with contractual relations
    The tort of causing another to break a contract
  19. Invasion of privacy
    A tort based on misappropriation of name or likeness, intrusion upon physical solitude or public disclosure of objectionable, private information
  20. Libel
    A defamatory written statement communicated to a third party
  21. Malicious prosecution
    An action for recovery of damages that have resulted to person, property, or reputation from previous unsuccessful civil or criminal proceeding that were prosecuted without probable cause and with malice
  22. Negligence
    A person's failure to exercise reasonable care that foreseeably causes inury
  23. Production defects
    A defect arising when a product does not meet its manufacture's own standards
  24. Proximate cause
    In tort law, a legal requirement that an act foreseeably causes an inury
  25. Punitive damages
    Monetary damages in excess a compensatory reward, usually granted only intentional tort's cases where defendant's conduct involved some element deserving punishment
  26. Slander
    An oral defamatory statement communicated to a third person
  27. State-of-the-art
    A defense that the defendant's product or practice was compatible with the current state of technology available at the time of the event in question
  28. Statute of repose
    A statute that applies to product liability cases. It prohibits initiation of litigation involving products more than a certain number of years following their manufacture
  29. Strict liability
    The doctrine under which a party may be required to respond in tort damages without regard to such party's use of due care
  30. Tort
    A civil wrong other than a breach of contract
  31. Trespass
    An act done in an unlawful manner so as to cause injury to another; an unauthorized entry upon another's land
  32. Willful and wanton negligence
    Extremely unreasonable behavior that causes injury
Card Set
Chapter 10: Torts Affecting Business
Key Terms