+
Related Flashcards
Related Topics
Cards In This Set
| Front | Back |
|
Business tort
|
Any wrongful interfences with the business right of others
|
|
Tortfeasor
|
The one commiting the tort
|
|
Assault
|
Any intentional, unexcused act that creates in another person a resonable apprehension or fear of immediate harmful or offensive contact
Example: john points a gun at suzy |
|
Battery
|
The completion of the act that caused apprehension, any unexcused and harmful or offensive physical contact inteionally performed. Example: john shoots suzy
|
|
Exceptions to assault and battery
|
Consent
self-defense defense of others defense of property |
|
Defamation
|
Wrongfully hurting a persons good reputaion, with false statements
|
|
Privilege
|
An immunity that allows people to not be held liable for defamatory statements. there are two types absolute and qualified. Absolute privilege is only granted in cerain government proceedings
|
|
Public figures
|
False and defamatory statemnts about public figuers are privileged if they are made without actual malice
|
|
Actual malice
|
A ststement must be made with either knowledge of falsity or a reckless disregard of the truth
|
|
Appropriation
|
The use of another persons name, likeness, or other identifying characteristic, without permission and for the benefit of the user.
|
|
Fraudulent misrepresentation, intentional deceit for personal gain
|
A misrepresentation that leads another to believe in a condition that is different from the condition that actually exists. also includes intentional deceit for personal gain
|
|
Puffery
|
Sellers talk
|
|
Trespass to land
|
Occurs anytime a person, without permission, enters onto, above, or below the surface of land that is owned by another
|
|
Trespass to personal property
|
Occurs whenever any individual, without consent, harms the personal preopery of another or otherwise interferes with the personal propery owners right to exclusive possession and enjoyment of that propery
|
|
Conversion
|
Defined as any act that deprives an owner of peronal propery without that owners permission and without just cause
|
