BLAW Exam2Terms

BLAW Exam2Terms - Glossary Chapter 6 actionable actual...

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Glossary Chapter 6 actionable Capable of serving as the basis of a lawsuit. actual malice A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred. appropriation 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. assault Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat. battery The unprivileged, intentional touching of another. business tort The wrongful interference with the business rights of another. compensatory damages A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party. conversion The wrongful taking, using, or retaining possession of personal property that belongs to another. cyber tort A tort committed via the Internet. defamation Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character. disparagement of property An economically injurious false statement 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. fraudulent misrepresentation Any misrepresentation, either by misstatement or 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. intentional tort A wrongful act knowingly committed. libel Defamation in writing or other form (such as in a videotape) having the quality of permanence. privilege In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation. puffery A salesperson's 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. punitive damages Money damages that may be awarded to a plaintiff to punish the defendant and deter future similar conduct. slander Defamation in oral form. slander of quality The publication of false information about another's product, alleging that it is not what its seller claims. slander of title 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. spam Bulk, unsolicited (junk) e-mail. tort
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This note was uploaded on 11/07/2010 for the course BLAW 3311 taught by Professor Boykin during the Fall '07 term at UT Arlington.

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BLAW Exam2Terms - Glossary Chapter 6 actionable actual...

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