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BUS Ch. 7 Terms
Business chapter seven terms
| Question | Answer |
|---|---|
| Tort | A private wrong committed by one person (the tortfeasor) that injures another (the victim) in person and/or property and for which society allows the legal remedy of monetary damages. |
| Tortfeasor | A wrongdoer who commits a private injury to another person by breaching a duty recognized by law. |
| Intentional tort | Occurs when the tortfeasor deliberately performs a wrongful act that injures an innocent victim. |
| Negligence | Failure to act as a reasonable, careful person would act under the same or similar circumstances, thereby causing injury that was foreseeable. |
| Strict liability | A tort theory available in special situations determined by public policy where a person is held responsible for harm occurring to another without proof of fault. |
| Product liability | Law holding manufacturers and sellers of goods liable to buyers, users, and perhaps bystanders for harm caused by defective goods. |
| Assault | The tort of creating apprehension in the mind of the victim that he is about to be touched in a harmful or an offensive way. There is no requirement that the actor have the present ability to inflict actual harm. |
| Battery | Any harmful or offensive touching of another human being without excuse or consent. |
| Informed consent | Actual and complete knowledge by a person of risks involved in a situation |
| False imprisonment | The wrongful restraint of the personal liberty of another. |
| False arrest | Taking custody of another, without proper legal authority, to be held or restrained in order to answer a civil claim or criminal charge. |
| Shopkeeper's privilege | Legal right of a storekeeper to detain suspected shoplifters for a reasonable amount of time in a reasonable way when there is probable cause to believe theft has taken place. |
| Intentional infliction of mental distress | Outrageous conduct that causes mental, if not immediate physical, suffering by the victim. |
| Fair Debt Collection Practices Act | A federal law that outlaws certain unreasonably harsh collection practices previously used by professional debt collectors. |
| Defamation | False statement injuring the reputation of the victim. |
| Slander | Oral defamation; the speaking of false words to a third person tending to cause injury to the reputation of the victim. |
| Libel | A false statement of fact about a person in written or other permanent form causing harm to the reputation of that person and further communicated to a third person. |
| Slander per se | Slander in itself; words not requiring proof of special damages. |
| Privilege | A legal right to do or refrain from doing something enjoyed by only some persons or classes. |
| Absolute privilege | Total protection from liability for defamation. |
| Conditional or qualified privilege | A partial immunity that protects one who makes a defamatory statement in the performance of a legal, moral, or social duty, to a person who has a corresponding duty or interest in receiving it. |
| Invasion of privacy | Violation of the right of every person who has done no wrong to be left alone. Rights related to property interests in one's own person. |
| Conversion | Unauthorized taking of the personal property of another and wrongfully exercising rights of ownership. |
| Trespass to chattel | A brief, temporary, unauthorized interference with the personal-property rights of another. |
| Fraud | A knowingly false representation of a material fact, made through words or conduct, with intent to deceive a victim, who is induced to contract in reliance on the lie, and who is thereby injured. |
| Misrepresentation | A false statement made intentionally, knowing it is not true. |
| Negligent misrepresentation | A false statement made carelessly. |
| Bad faith | The deliberate failure to fulfill some duty or contractual obligation owed to another. |
| Duty | The obligation enforceable in court to recognize and respect the person, property, and rights of others. |
| Actual cause | The negligent person's carelessness is the reason for the loss by the victim. |
| Proximate cause | An action that, in natural and continuous sequence, unbroken by an intervening force or cause, produces the injury, and without which the effect or result would not have occurred. |
| Intervening cause | A cause of an accident or other injury that legally excuses the wrongdoer who originally sets a series of events in motion. |
| Good Samaritan laws | Statutes that protect volunteers from liability for ordinary negligence while aiding persons in need. |
| Gross negligence | The failure of even slight or scant scare. |
| Negligence per se | The unexcused violation of statute or ordinance that is automatically deemed to be negligent conduct without argument or proof as the particular surrounding circumstances. |
| Malpractice | Violation of duty of due care by a professional person. |
| Trespass | Wrongful interference with the real or personal property of another. |
| Attractive nuisance doctrine | The doctrine under which minors who trespass may collect damages if attracted onto the defendant's premises where they are injured by a man-made instrumentality that has special appeal to children (ex: railroad turntable or unfenced swimming pool). |
| Licensee | A person who enters another's land with permission of the owner or possessor, for the visitor's convenience. |
| Invitee | One who enters another's land with the permission of the owner or occupier, for a matter of business benefiting the owner or occupier. |
| Res ipsa loquitur (Latin for "The thing speaks for itself") | A doctrine under which negligence is inferred when the instrumentality causing the injury was under control of the defendant and an injury occurred that normally would not occur in the absence of negligence by the defendant. |
| Comparative negligence | Negligence of the plaintiff that does not bar recovery of damages but may reduce the amount of recovery proportionally. |
| Contributory negligence | The negligence of a plaintiff that helped to cause a tort. |
| Assumption of risk | When a plaintiff with knowledge of the facts of a dangerous condition voluntarily exposes themselves to the particular risk of injury. |
| Workers' compensation | Medical treatment, rehabilitation benefits, and disability payments for workers injured on the job. |
| Class action | When all members of a group of persons who have suffered the same or similar injury join together in a single lawsuit against the alleged wrongdoer. |
| Statute of repose | A type of statute of limitations that specifies an absolute time from the date of sale during which the cause of action must be brought to collect damages for defects in the product. |
| Compensatory damages | Amount awarded by a court to make good or replace the actual loss suffered by a plaintiff. |
| Special damages | Amount awarded by a court to pay for monetary out-of-pocket losses resulting from the specific or special circumstances of the plaintiff. |
| General damages | Amount awarded by a court to pay for the plaintiff for nonmonetary losses (ex: pain/suffering) that resulted from an injury, without reference to any special circumstances of the plaintiff. |
| Consortium | The reciprocal legal right of companionship, cooperation, aid, affection, and sexual relations of each spouse from and to the other. |
| Wrongful-death statutes | A law allowing the heirs of a deceased person to sue whoever caused the decedent's death and to collect any court-awarded damages. |
| Survivor statutes | Law allowing a lawsuit even after the death of the victim, perhaps permitting recovery for damages to the victim. |
| Punitive damages | Amount awarded by a court, to the victim of an intentional tort, in addition to compensatory damages; designed to punish the tortfeasor and serve as an example to others. |
| Nominal damages | Insignificant amount (such as $1) awarded by a court when the defendant has violated the rights of the plaintiff but no monetary loss has been suffered or can be proved. |
| Judgment-proof | Financial condition of a person who lacks the assets to pay any judgment rendered against them. |
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