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Business Law 1.03
Civil
| Term | Definition |
|---|---|
| Actual Harm | the victim suffers an injury, has property destroyed or loses a lot of money |
| Alternative Dispute Resolution | occurs when parties try to resolve a disagreement outside of the usual court system |
| Arbitration | giving the power to settle their dispute to a third party |
| Advantage | final decision remains in the hands of the parties |
| 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 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 own 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 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 person’s 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 |
| Mediation | -occurs when parties to a dispute invite a mediator, to help solve the problem |
| Money Damages | are a material compensation, essentially money |
| Negligence | is a tort that results when one person carelessly injures another. it is accidental tort and requires no intent |
| Proximate Cause | when it is reasonably foreseeable that a breach of duty will result in an injury |
| Punitive Damages | damages exceeding simple compensation and awarded to punish the defendant |
| Tort | is a private wrong committed by one person against each other |
| 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:
alaynac
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