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Business Law

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Term
Definition
Actual Harm   The victim suffers an injury, has property destroyed or loses a lot of money.  
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Alternative Dispute Resolution   occurs when parties try and resolve a disagreement outside of the usual court system  
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Arbitration   giving the power to settle their dispute to a third party.  
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Assault   occurs when one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact  
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Assumption of Risk   a defense raised when the plaintiff knew of the risk involved and still took the chance (assumed risk) of being injured  
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Battery   the harmful or offensive touching of another  
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Breach   when you breach or break your duty to another person  
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Causation   means that breach of duty caused the injury  
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Comparative Negligence   a defense that is raised when the carelessness of each party compared to the other party’s carelessness  
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Contributory Negligence   a defense whenever the defendant can show that the victim did something that helped cause his or her own injuries  
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Conversion   when property is stolen, destroyed or used in a manner that is inconsistent with an owner’s rights  
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Court Injunctions   is a court order that prevents a party from performing a specific act and may be temporary of permanent  
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Damages   is a payment recovered in court by a person who has suffered an injury  
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Defamation   a false statement that injures a persons’ reputation or good name  
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Duty   the obligation to use a reasonable standard of care to prevent injury to others  
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False Imprisonment   the intentional confinement of a person against the person’s will and without the lawful ability to do so  
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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  
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Interference with Contracts   if a third party encourages a breach in any way, then that third party may be liable in tort  
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Invasion of Privacy   uninvited intrusion into a person’s personal relationships and activities  
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Mediation   occurs when parties to a dispute invite a mediator, to help solve the problem  
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Money Damages   are money damages received as if you suffer a loss as an injured party  
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Negligence   is a tort that results when one person carelessly injures another. It is an accidental tort and requires no intent.  
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Proximate Cause   when it is reasonably foreseeable that a breach of duty will result in an injury.  
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Punitive Damages   are money payments for damages that go beyond what the innocent party actually lost. Designed to punish the wrongdoer  
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Tort   is a private wrong committed by one person against another  
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Trespass to Land   entry onto the property of another without consent  
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Vicarious Liability   when one person is liable for the torts of another  
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