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Chapter 5: Torts
Torts
9
Law
Undergraduate 2
03/04/2009

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Term
Tort Definition
Definition
Civil, legal injury to a person or property caused by breach of a legal duty
Term
3 types of Torts
Definition
1. Intentional
2. Unintentional (negligence-no fault)
3. Strict Liability (absolute liability)
Term
Intentional Torts against Persons (7)
Definition
Assault
Battery
False Imprisonment
Infliction of Emotional Distress
Defamation
Wrongful interference w/ contractual relationship
Wrongful interference w/ business relationship
Term
Difference btw Assault and Battery
Definition
Assault= reasonable apprehension or fear of immediate contact. Battery= completion of assault
Term
Defamation
Definition
Publication of a false statement (oral or written) that injures a person's good reputation. "Slander per se"= no proof of damages required.
Term
Wrongful Interference w/ contractual relationship
Definition
When a valid contract exists between two parties and a 3rd party knows about it and intentionally causes either party to breach original contract.
Term
Intentional Torts Against Property (4)
Definition
1. Trespass to Land
2. Trespass to personal property
3. Conversion (taking other's property)
4. Disparagement of property--slander of quality
Term
Contributory Negligence vs. Comparative Negligence
Definition
1. plaintiff recovers nothing if he is more that %50 at fault 2. can recover "pro- rata" share of the verdict
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