Chapter 8 terms and definition
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| What is a tort? | A civil wrong that interferces with oone's property or person.
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| Tort and crime Distinguished: | A crime is a wrong that arises from a violation of a public duty, and a tort is a wrong that arises from the violation of a private duty.
The same act can be a crime and a tort.
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| Intentional Torts: | When wrongdoers engage in intentional conduct.
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| Negligence: | Failure to exercise due care.
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| Strict Liability: | Absolute liablity due to inherent danger of the activity, regardless of intent.
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| Assault: | Threatening a person with imminent harm.
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| Battery: | The wrongful touching of another person without their consent.
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| False Imprisonment: | Detaining a person without their consent.
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| Shopkeeper's privilege: | Store owners may detain a shoplifter for a reasonable time.
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| Intentional infliction of Emotional Distress: | Outrageous conduct which produces mental anguish to the harmed individual.
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| Invasion of privacy: | Public disclosure of private facts.
Intrusion into the plaintiff's private affairs.
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| Defamation: | A false statement by one party about another to a third party.
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| Slander: | Spoken Defamation.
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| Libel: | Written defamation.
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| Online Issues: | Many posts are anonymous
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| Defenses: | Truth and privilege.
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| Product Disparagment: | False statements made about a product or business.
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| Wrongful interference with contracts: | A third party interferences with others' right to contract.
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| Trespass: | Unauthorized action with respect to land or personal property.
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| Elements of Negligence: | Duty of Exercise reasonable care.
Breach of duty.
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| Causation: | The duty and the breach of duty must be connected to the plaintiff's injuries.
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| Damages: | Actual losses must have been sustained.
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| Contributory Neglience: | Plaintiff's negligence is a complete bar to recovery of damages from the defendant.
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| Comparative Negligence: | Negligent plaintiff permits damage recovery in proportion to defendant's degree of fault.
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| Express assumption: | A written acknowledgement of risk that releases the defendant from liablity.
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| Implied assumption: | Based on the activity.
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| Immunity: | Governments are usually immune from liability.
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| What is Strict Liability? | Absolute standard imposed by law in situations requiring extreme protection.
Few if any defenses apply and the company or person causing damages will be liable.
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| Imposing Strict liability: | Can occur in different situations but most common in product liability.
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You may also shuffle the rows of the table by clicking on the "Shuffle" button.
Or sort by any of the columns using the down arrow next to any column heading.
If you know all the data on any row, you can temporarily remove it by tapping the trash can to the right of the row.
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