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Wrongful interference with another's business rights and relationships. |
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A tort committed in cyberspace. |
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A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. |
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Monetary damages that may be awarded to a plaintiff to punish the defendant and deter similar conduct in the future. |
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A wrongful act knowingly committed. |
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Any word or actin intended to make another person fearful of immediate physical harm- a reasonably believable threat. |
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Unexcused, harmful or offensive, physical contact with another that is intentionally performed. |
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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. |
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Capable of serving as the basis of a lawsuit. Can be pursued in a lawsuit or other court action. |
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Anything published or publicly spoken that causes injury to another's good name, reputation, or character. |
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Defamation in writing or another form having the quality of performance (such as a digital recording). |
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In tort law, immunity from liability for an action that would otherwise be a tort. |
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The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. Is required to establish defamation against public figures. |
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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. |
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Fraudulent Misrepresentation |
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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. |
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A salesperson's often exaggerated claims concerning the quality of property offered for sale. Such claims involve opinions rather than facts and are not legally binding promises or warranties. |
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Entry onto above, or below the surface of land owned by another without the owner's permission or legal authorization. |
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Trespass to Personal Property |
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Wrongfully taking or harming the personal property of another or otherwise interfering with the lawful owner's possession of personal property. |
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Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another. |
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Disparagement of Property |
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An economically injurious falsehood about another's product or property. |
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Slander of Quality (Trade Libel) |
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The publication of false information about another's product, alleging that it is not what its seller claims. |
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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. |
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The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. |
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The duty of all persons to exercise a reasonable amount of care in their dealings with others. |
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Reasonable Person Standard |
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The standard of behavior expected of a hypothetical "reasonable person." It is the standard against which negligence is measured and that must be observed to avoid liability fro negligence. |
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A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes. |
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Professional misconduct or the lack of the requisite degree of skill as a professional (negligence). |
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An act or omission without which an event would not have occurred. |
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Legal cause. It exists when the connection between an act and an injury is strong enough to justify imposing liability. |
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A defense of negligence. A plaintiff may not revoker for injuries or damage suffered from risks he or she knows of and has voluntarily assumed. |
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A rule in tort law, used in only a few states, the completely bars the plaintiff from recovering any damages if the damage suffered is partly the plaintiff's own fault. |
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A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely. |
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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." |
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An action or failure to act in violation of a statutory requirement. |
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A state statute stimulation 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. |
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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. |
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Liability regardless of fault, which is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce defective and unreasonably dangerous goods. |
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