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civil key terms

TermDefinition
actual harm The Victim suffers an injury, has property destroyed or loses a lot of money
alternative dispute resolution Occurs when parties try and resolve a disagreement outside of the usual court system
arbitration Giving the power to settle their dispute to a third party
advantage
assault Occurs when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact
assumption of risk A defense raised when the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured
battery The harmful or offensive touching of another
breach When you breach or break your duty to another person
causation Means that breach of duty caused the injury
comparative negligence A defense that is raised when the carelessness of each party compared to the other party's carelessness
contributory negligence a defense whenever the defendant can show that the victim did something that helped cause his or her injuries
conversion when property is stolen, destroyed or used in a manner that is inconsistent with an owner’s rights
court injunctions is a court order that prevents a party from performing a specific act and may be temporary of permanent
damages is a payment recovered in court by a person who has suffered an injury
defamation a false statement that injures a persons’ reputation or good name
duty the obligation to use a reasonable standard of care to prevent injury to others
false imprisonment the intentional confinement of a person against the persons will and without the lawful ability to do so
fraud occurs when there is an intentional misrepresentation of an existing important fact (that is a lie) which causes the victim to give up a right or something of value
interference with contracts if a third party encourages a breach in any way, then that third party may be liable in tort
invasion of privacy uninvited intrusion into a persons personal relationships and activities
meditation
money damages
negligence is a tort that results when one person carelessly injures another. It is an accidental tort and requires no intent.
proximate cause
punitive damages
tort is a private wrong committed by one person against another
trespass to land entry onto the property of another without consent
vicarious liability when one person is liable for the torts of another
Created by: 9306999
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