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WK2 - Chap. 4 Terms

Business Law: Legal, E-Commerce, Ethical and International Environments, Fifth Edition, by Henry R. Cheeseman.

Terms

undefined, object
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assumption of the risk
A defense in which the defendant must prove that (1) the plaintiff knew and appreciated the risk and (2) the plaintiff voluntarily assumed the risk.
Libel
A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, etc.
conversion of personal property
A tort that deprives a true owner of the use and enjoyment of his or her personal property by taking over such property and exercising ownership rights over it.
Negligence
A tort related to defective products where the defendant has breached a duty of due care and caused harm to the plaintiff.
trespass to personal property
A tort that occurs whenever one person injures another person's personal property or interferes with that person's enjoyment of his or her personal property.
intentional interference with contractual relations
A tort that arises when a third party induces a contracting party to breach the contract with another party.
covenant of good faith and fair dealing
Under this implied covenant, the parties to a contract not only are held to the express terms of the contract but also are required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract.
intentional misrepresentation
(1) Tort that occurs when a wrongdoer deceives another person out of money, property, or something else of value. Also known as fraud or deceit; (2) when a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby.
"danger invites rescue" doctrine
Doctrine that provides that a rescuer who is injured while going to someone's rescue can sue the person who caused the dangerous situation.
Assault
(1) The threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is not necessary.
superseding event
A defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible.
Slander
Oral defamation of character.
Good Samaritan law
Statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
unfair competition
Competition that violates the law.
defamation of character
False statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party.
social host liability
Rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect.
proximate cause or legal cause
A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
Injury
The plaintiff must suffer personal injury or damage to his or her property in order to recover monetary damages for the defendant's negligence.
comparative negligence
A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his injuries is responsible for a proportional share of the damages.
false imprisonment
The intentional confinement or restraint of another person without authority or justification and without that person's consent.
punitive damages
Damages that are awarded to punish the defendant, to deter the defendant from similar conduct in the future, and to set an example for others.
intentional infliction of emotional distress
A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage.
Causation
A person who commits a negligent act is not liable unless his or her act was the cause of the plaintiff's injuries. The two types of causation that must be proven are (1) causation in fact (actual cause) and (2) proximate cause (legal cause).
Battery
Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary.
trespass to land
A tort that interferes with an owner's right to exclusive possession of land.
contributory negligence
A doctrine that says a plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant.
causation in fact or actual cause
The actual cause of negligence. A person who commits a negligent act is not liable unless causation in fact can be proven.
duty of ordinary care
Collecting banks are required to exercise ordinary care in presenting and sending checks for collection.
palming off
Unfair competition that occurs when a company tries to pass one of its products as that of a rival.
tort of misappropriation of the right to publicity
An attempt by another person to appropriate a living person's name or identity for commercial purposes.
guest statute
Statute that provides that if a driver of a vehicle voluntarily and without compensation gives a ride to another person, the driver is not liable to the passenger for injuries caused by the driver's ordinary negligence.
professional malpractice
The liability of a professional who breaches his duty of ordinary care.
invasion of the right to privacy
A tort that constitutes the violation of a person's right to live his or her life without being subjected to unwarranted and undesired publicity.
Tort
A wrong. There are three categories: (1) intentional torts, (2) unintentional torts (negligence), and (3) strict liability.
strict liability
Liability without fault.
res ipsa loquitur
Tort where the presumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someone's negligence. The burden switches to the defendant(s) to prove they were not negligent.
negligent infliction of emotional distress
A tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.
Dram Shop Act
Statute that makes taverns and bartenders liable for injuries caused to or by patrons who are served too much alcohol.
intentional tort
Occurs when a person has intentionally committed a wrong against (1) another person or his or her character, or (2) another person's property.
duty not to willfully or wantonly injure
The duty an owner owes a trespasser to prevent intentional injury or harm to the trespasser when the trespasser is on his or her premises.
negligence per se
Tort where the violation of a statute or ordinance constitutes the breach of the duty of care.
duty of utmost care
A duty of care that goes beyond ordinary care that says common carriers and innkeepers have a responsibility to provide security to their passengers or guests.

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