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A violation of rights of an identifiable person or a business that has been wronged either intentionally or by negligence |
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The harming of a person's good name and reputation by the communication of a false statement |
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Defamation is separated into two torts |
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The spreading of damaging statement in written form |
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The spreading of damaging words or ideas about a person in all forms not considered libel |
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Two common defenses to Defamation |
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Privilege (as a defense to defamation) |
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If the person accused of defamation had a special privilege in making the defamatory statement (an attorney in a court proceeding who accuses a witness of lying), the defamed person cannot recover damages. |
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An unlawful interference with the enjoyment of life or property |
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A person who acts in a way that denies the right to enjoyment to a specific person or persons |
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Affects the community or general public |
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When the right to own and use personal property is denied or abridged by another |
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The failure to exercise reasonable care necessary to protect others from risk of harm |
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The charging a negligent act of one person to another |
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A legal defense by the person accused of negligence.
Also called Contributory Fault |
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The injured party is not stopped from winning damages even if they were partially at fault |
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When a person has been judged to be responsible for a loss |
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Holding a person liable for the acts of others |
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People may be liable for injuries to others even if they have done nothing wrong |
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