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chapter5/6
business law 1
chapter5/6 | |
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Disparagement of Property | occurs when economically injurious falsehoods are made about another's product or property |
Slander of Title | publishing false information about another's legal ownership of property that results in financial loss to the property's owner |
Negligence in Action in Order | duty, breach, causation, damages |
Reasonable Person Standard | holds an individual to a standard of how others in similar situations would have acted |
Business Invitees | an individual who is invited to a store or business for business purposes |
Causation | the plaintiff must have two different types of causation |
Causation in Fact | the harm would not have occurred "but for" the conduct of the defendant |
Proximate Cause | the link between the action and cause was sufficiently strong to warrant liability |
Compensatory Damages | defendant reimburses the plaintiff for actual losses |
Special Damages | quantifiable monetary losses; economic losses |
General Damages | compensate for non-monetary aspects of harm suffered, such as pain and suffering. Not available for business or economic losses |
Punitive Damages | monetary damages used to punish the defendant. only allowed in certain circumstances where conduct was particularly bad |
Comparative Negligence | a theory in tort law which undertake liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence |
Contributory Negligence | a theory in tort law which under the complaining party's own negligence contributed to or caused their injury. NO matter how significant the plaintiffs negligence was relative to the defendants negligence, the plaintiff was precluded from recovering any d |
Dram Shop Act | imposes liability on bartenders who have served too much alcohol to those who are involved in accidents after leaving the bar |
Negligence Per Se | if the defendant violated a statute where a duty of care was imposed, the negligence is assumed to have occurred |