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Exam 2
Question | Answer |
---|---|
When someone intentionally causes injury to another person or his property | tort |
such acts occur within the scope of the employment or agency. | tort by employers |
Causing emotional distress or violation of personal rights. | injuries inflicted in torts |
provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm | wrongful conduct/torts |
drunk driving or distracted driving,when the defendant's behavior is found to be harmful. | punitive damages |
punish defendants whose conduct is considered grossly negligent or intentional | imposing punitive damages |
acts with the intent to produce a consequence,person acts with the purpose of producing that consequence | intent of torts |
battery, assault, false imprisonment, trespass to land, | defenses to intentional torts |
harassment and intimidation, causing fear, alarm or distress | harm to a person |
any willful and unlawful use of force or violence upon the person of another | battery |
unlawful restraint of a person without consent or legal justification | false imprisonment |
when one acts in a manner that intentionally or recklessly causes another to suffer severe emotional distress | intentional emotional distress |
False statement concerning another, unprivileged publication, negligence to determine falsity of statement, proof of harm because of statement. | defamation |
Publication of false statements resulting in harm to another's money interest They do not have factual evidence | disparagement |
?Duty of care, Breach of duty, Factual cause, Harm, Scope of liability | elements of negligence |
not to injure intentionally, to warn of known dangerous conditions licensees are unlikely to discover for themselves to exercise reasonable care to protect against dangerous conditions possessor should know of but invitees are unlikely to discover. | trespasser, licensee, and invitee |
law governs the sale of good | Uniform Commercial Code |
law would control if there is no specific provision of UCC applicable | General contract law ( common law) |
a binding agreement that the courts will enforce | contract |
contract is an agreement that does not meet all of the requirements of a binding contract | void contract |
a contract capable of being made void | voidable contract |
a contract for the breach of which the law does not provide a remedy. | Unenforceable contract |
a proposal indicating a willingness to enter into a contract | offer |
A false representation, Of a fact | fraud inducement |
four conducts invalidating assent and their effect on a contract | duress,undue influence, fraud, misrepresentation |