Question: TERMS ____ res ipsa loquitur ____ actionable ____ actual malice ____ appropriation ____ assault ____ assumption of risk ____ battery ____ business invitee ____ business

TERMS

____ res ipsa loquitur
____ actionable
____ actual malice
____ appropriation
____ assault
____ assumption of risk
____ battery
____ business invitee
____ business tort
____ causation in fact
____ comparative negligence
(P) compensatory damages
____ contributory negligence
____ conversion
____ cyber tort
____ damages
____ defamation
____ defense
____ disparagement of property
____ dram shop act
____ duty of care
____ fraudulent misrepresentation
____ Good Samaritan statute
____ intentional tort
____ libel
____ malpractice
____ negligence
____ negligence per se
____ privilege
____ proximate cause
____ puffery
____ punitive damages
____ reasonable person standard
____ slander
____ slander of quality (trade libel)
____ slander of title
____ strict liability
(AA) tort
(V) tortfeasor
____ trespass to land

____ trespass to personal property

MATCH WITH THESE DEFINITIONS:

DEFINITIONS

A. The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence.

B. 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.

C. A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means "the facts speak for themselves."

D. The unexcused, harmful or offensive, intentional touching of another.

E. The deliberate intent to cause harm, which exists when a person makes a statement either knowing that it is false or showing a reckless disregard for whether it is true. In a defamation suit, a statement made about a public figure normally must be made with actual malice for the plaintiff to recover damages.

F. A wrongful act knowingly committed.

G. Any misrepresentation, either by misstatement or by 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.

H. Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future.

I. Anything published or publicly spoken that causes injury to another's good name, reputation, or character.

J. An economically injurious falsehood 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.

K. Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.

L. A salesperson's often 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.

M.The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.

N. Capable of serving as the basis of a lawsuit. An actionable claim can be pursued in a lawsuit or other court action.

O. Wrongful interference with another's business rights.

P. A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party.

Q. A tort committed in cyberspace.

R. A rule in tort law that completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault; used in a minority of states.

S. A legal right, exemption, or immunity granted to a person or a class of persons. In the context of defamation, an absolute privilege immunizes the person making the statements from a lawsuit, regardless of whether the statements were malicious.

T. The publication of false information about another's product, alleging that it is not what its seller claims.

U. 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

V. One who commits a tort.

W. 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.

X. Liability regardless of fault. In tort law, strict liability is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce goods that are unreasonably dangerous when in a defective condition.

Y.The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financing loss to that property's owner.

Z. A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed

AA.A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another.

BB. A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

CC. An action or failure to act in violation of a statutory requirement.

DD. A rule in tort law that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely; used in the majority of states.

EE. A reason offered and alleged by a defendant in an action or lawsuit as to why the plaintiff should not recover or establish what she or he seeks.

FF. Professional misconduct or unreasonable lack of skill; the failure of a professional to use the skills and learning common to the average reputable members of the profession or the skills and learning the professional claims to possess, resulting in injury, loss, or damage to those relying on the professional. Negligencethe failure to exercise due careon the part of a professional, such as a physician, is commonly referred to as malpractice.

GG.Defamation in oral form.

HH. Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another.

II. Defamation in writing or other form having the quality of permanence (such as a digital recording).

JJ. Money sought as a remedy for a breach of contract or a tortious action.

KK. A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly, thereby causing further harm.

LL.An act or omission without which an event would not have occurred.

MM.Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

NN.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.

OO.The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.

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