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Business Law 301 - Ch. 12 (Torts) GUARANTEED PASS A+ Business Law 301 - Ch. 12 (Torts) GUARANTEED PASS A+
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Actionable - Capable of servings as the basis of a lawsuit Actual Malice - A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. Assault - Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat Assumption of Risk - A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger Battery - The unprivileged, intentional touching of another Business Invitees - Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes. Causation in Fact - An act or omission without (but for) which an event would not have occurred Comparative Negligence - A theory in tort law under which the 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 Compensatory Damages - A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party Contributory Negligence - A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Conversion - The wrongful taking, using, or retaining possession of personal property that belongs to another Defamation - Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character Disparagement of Property - An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title Dram Shop Act - A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from
accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication Duty of Care - The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence Fraudulent Misrepresentation - Any misrepresentation, either by misstatement or omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment Good Samaritan Statute - A state statute that provides that persons who rescue or provide emergency services to others in peril unless they do so recklessly, thus causing further harm cannot be sued for negligence. Intentional Tort - A wrongful act knowlingly committed Libel - Defamation in writing or other form (such as in a digital recording) having the quality of permanence Licensee - One who receives a license to use, or enter onto, another's property Malpractice - Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligence the failure to exercise due care on the part of a professional, such as a physician or an attorney. Negligence - The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances Negligence Per Se - An act (or failure to act) in violation of a statutory requirement Privilege - In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. This may be raised as a defense to defamation Proximate Cause - Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability Public Figures - Individuals who are thrust into the public limelight. Punitive Damages - Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct Reasonable Person Standard - The standard of behavior expected of a hypothetical reasonable person