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Terms in this set (24)
Nuisance
Interference with another's enjoyment of life or property
Defamation
A wrongful act that injures another's reputation with false statements
Negligence
The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person. Accidental or unintentional Tort.
Assault
The tort that results when one person deliberately frightens another person into the reasonable belief that he or she is about to be injured
Strict liability
Responsibility to answer for harm that results from an ultra hazardous activity
Intentional tort
A wrong that occurs when a person knows and desires the consequences of his or her act
Tort
Ones interference with the rights of another
Trespass
Wrongful injury to or interference in the rights of another
Battery
The unlawful, unprivileged touching of another person
Proximate cause
The link between unreasonable conduct and an injury in a negligence suit
Deceit
False statement or deceptive practice done with intent to injure another
Conversion
Unauthorized taking or borrowing of personal property of another for the use of the taker
False imprisonment
Unlawful restraint of a person, whether in prison or otherwise
Defamation
Wrongful act of injuring another's reputation by making false statements
Invasion of privacy
Interference with a persons right to be left alone
Misuse of legal procedure
Bringing of legal action with malice and without probable cause
Infliction of emotional distress
Intentionally or recklessly causing emotional or mental suffering to others
The concept of rights
1. Be free from bodily harm
2. Enjoy a good rep.
3.conduct business w/o unwarranted interference
Tortfeasor
Person who committed the tort
Foreseeability test
The test to see if someone should be held liable to something
Assumption of risk
The plaintiff should know the risk involved when entering something and still took the chance of being injured
Elements of negligence
Duty of care, breach of duty, proximate cause, actual harm
Defenses to negligence
Contributory negligence, comparative negligence, assumption of risk, strict liability
Two unintentional torts
Negligence and strict liability
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