Tort
French word for wrong
Basic purpose of tort law
provide civl remedies for the invasion of protected interests
In order to commit an intentional tort, a person must cause harm and
intend to commit the act that caused harm
Tortfeasor
a person who commits a tort
If your a victim of false imprisonment
you are confined or restrained by another person intentionally and without justification
If you commit defamation, you injure
a persons good reputation
which of the following is not an element of the tort of wrongful interference with a contractual relationship
this third party must unintentionally cause one of the parties to break the contract
Bona fide competition
a legitimate defense to wrongful interference with either a contractual or a business relationship
actionable
Capable of serving as the basis of a lawsuit.
appropriation
In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
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. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be i
assault
Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
battery
The unprivileged, intentional touching of another.
business tort
The wrongful interference with the business rights of another.
compensatory damages
A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
conversion
The wrongful taking, using, or retaining possession of personal property that belongs to another.
cyber tort
A tort committed via the Internet.
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.
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.
intentional tort
A wrongful act knowingly committed.
libel
Defamation in writing or other form (such as in a videotape) having the quality of permanence.
privilege
In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation
public figures
Individuals who are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities.
puffery
A salesperson's exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not considered to be legally binding promises or warranties.
punitive damages
Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct.
slander
Defamation in oral form.
slander of quality (trade libel)
The publication of false information about another's product, alleging that it is not what its seller claims.
slander of title
The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner.
spam
Bulk, unsolicited ("junk") e-mail.
tort; definition
A civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another.
trade libel
The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality.
trespass to land
The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.
trespass to personal property
The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property.