Term
|
Definition
| Where you are and/or intend to remain |
|
|
Term
|
Definition
State of Incorporation
Principle place of business
(Dual Citizenship) |
|
|
Term
|
Definition
Codified-in a book written down by legislature
Common- likely |
|
|
Term
|
Definition
Offer
Acceptance
Consideration- exchange
Damages |
|
|
Term
Bilateral Contract
Unilateral contract |
|
Definition
exchange binding promise for promise
Promise for an act |
|
|
Term
|
Definition
Slander or Libel
Falsehood and reputational injury |
|
|
Term
|
Definition
| Assertion of fact that is false |
|
|
Term
|
Definition
| Court order to start or stop doing something |
|
|
Term
| All of the Intentional Torts |
|
Definition
1)Intentional inflistion o femotional distress
2)Assault
3)Battery
4)Invasion of privacy
5)Public disclosure of private facts
6)Intentional interference w/ contractual relations
7)Intentional interference w/ business relations
8)False Inprisonment
9)Defamation |
|
|
Term
| Intentional infliction of emotional distress |
|
Definition
1)extreme and outrageous conduct
2)Severe emotional distress
Need Both! |
|
|
Term
|
Definition
| Words or conduct puting someone in a psition to fear imment offensive conduct |
|
|
Term
|
Definition
| uninvited offensive conduct (completion of assault) |
|
|
Term
|
Definition
| intrusion into private affairs taht a person reasonably expets to remain private |
|
|
Term
| Public disclosure of private facts |
|
Definition
|
|
Term
| Intentional interference with contractual relations |
|
Definition
| A and B have a contract and C comes and tries to get B to break contract with A |
|
|
Term
| Intentional interference with business relations |
|
Definition
| intimidating or prohibiting customers from going to a store |
|
|
Term
|
Definition
| confined to a space without feeling you can leave |
|
|
Term
|
Definition
Assertion of fact that is false and hurts reputation
Public needed must show malice |
|
|
Term
|
Definition
| Knew of falsehood acted recklessly |
|
|
Term
|
Definition
|
|
Term
|
Definition
Negligence
Recklessness
Strict Liability |
|
|
Term
| Negligence case needs 4 things |
|
Definition
Duty
Breach
Causation- actual and proximate (forseeable)
Damage |
|
|
Term
|
Definition
| duty to act with reasonable care/ standard of care |
|
|
Term
|
Definition
| conscious disregard of circumstances or risk |
|
|
Term
|
Definition
| can sue anyone along the line |
|
|
Term
|
Definition
| negligently harm someone who is hurt way more than you would think because of preexisting condition |
|
|
Term
|
Definition
| useless statment propped up and knocked down non responsive |
|
|
Term
| Defenses in Negligence Cases |
|
Definition
1)Comparative Negligence- both are partially liable
2)Assumption of risk
3)Open and obvious risk
4)Product Misuse
|
|
|
Term
|
Definition
Diminished value
cost to repair
Benefit of bargain
Make whole damages |
|
|
