Term
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Definition
| A civil wrong, not including breach of contract, that is committed against a person or property for which a court provides a remedy in the form of an action for damages |
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Term
| What are the three categories of torts? |
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Definition
Negligent torts
Intentional torts
torts where strict liability is assessed regardless of fault |
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Term
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Definition
| the unintentional commission or omission of an act that a reasonably prudent person would or would not do under the same or similar circumstances |
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Term
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Definition
Negligent tort
the execution of an unlawful or improper act |
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Term
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Definition
Negligent Tort
the improper performance of an act that results in injury to another |
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Term
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Definition
Negligent Tort
a failure to act hen there is a duty to do so |
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Term
| What are the two degrees of negligence? |
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Definition
Ordinary:
the failure to do what a reasonably prudent (sensible) person would do or doing what a reasonably prudent person would not do under the circumstances of the act or omission in question
Gross:
the intentional or wanton (without regard for what is right, just, humane) omission of care that should be provided or the performance of an improper act |
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Term
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Definition
| exists when there is a legal obligation of care, performance, or observance imposed on one party to guard the rights of others |
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Term
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Definition
| failure to meet a prevailing standard of care |
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Term
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Definition
| the defendant's negligence must be a substantial factor in having caused an injury |
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Term
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Definition
| the reasonable anticipation that harm or injury will result from an act or a failure to act. The test for this is whether one could have reasonably anticipated that the event in question or a similar event would occur |
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Term
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Definition
| involves a willfull act that violates another person's interests, the perpetrator must realize that the action will cause harm |
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Term
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Definition
| the infringement on the mental security or tranquility of another person |
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Term
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Definition
| the violation of another person's physical integrity |
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Term
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Definition
| the unlawful restraint of an individual's personal liberty or the unlawful restraint or confinement of an individual. To warrant recovery, the plaintiff must be aware of the confinement and have no reasonable means of escape |
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Term
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Definition
| false oral or written communication to someone other than the individual defamed that subjects that individual's reputation to scorn and ridicule in the eyes of a substantial number of respectable people in the community |
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Term
| Two aspects of defamation of character |
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Definition
libel: results from written word
slander: results from spoken word |
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Term
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Definition
a willful and intentional misrepresentation that could cause harm or loss to an individual or property. To prove, must show:
an untrue statement, justifiable reliance, damages as a result |
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Term
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Definition
| a wrong that interferes with a right of an individual to personal privacy |
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Term
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Definition
| intentional or reckless infliction, conduct so outrageous that it goes beyond the bounds tolerated by a decent society. Can include grief, public humiliation, despair, shame, and wounded pride |
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Term
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Definition
| without fault and makes possible an award of damages without poof of manufacturer negligence |
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Term
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Definition
of a manufacturer, seller, or supplier of chattels to a buyer or other third party for injuries sustained because of a defect in a product
Include
1. negligence
2. breach of warranty (express or implied)
3. strict liability |
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