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Second Midterm Vocab

Second Midterm Vocab - Chapter 7 Torts Restatement of the...

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Chapter 7: Torts Restatement of the Law of Torts, Second - an authoritative secondary source, written by a group of legal scholars, summarizing the existing common law, as well as suggesting what the law should be. Assault - an intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contract. Battery - an intentional act that creates a harmful or offensive physical contact. Transferred intent - a legal fiction that if a person directs a tortuous action toward A but instead harms B, the intent to act against A is transferred to B. False imprisonment - occurs whenever one person, through force or the threat of force, unlawfully detains another person against his or her will. Defamation - the publication of false statements that harm a person’s reputation. Slander - spoken defamation. Libel - written defamation. Defamation per se - remarks considered to be so harmful that they are automatically viewed as defamatory. Malice - making a defamatory remark either knowing the material was false or acting with a “reckless disregard” for whether or not it was true. Invasion of privacy - an intentional tort that covers a variety of situations, including disclosure, intrusion, appropriation, and false light. Disclosure - the intentional publication of embarrassing private affairs. Intrusion - the intentional unjustified encroachment into another person’s private activities. Appropriation - an intentional unauthorized exploitive use of another person’s personality, name, or picture for the defendant’s benefit. False light - the intentional false portrayal of someone in a way that would be offensive to a reasonable person. Loss of consortium - the loss by one spouse of the other spouse’s companionship, services, or affection.
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Interference with a contractual relationship - an intentional tort that occurs if someone induces a party to breach a contract or interferes with the performance of a contract. Misfeasance - acting is an improper or a wrongful way. Nonfeasance - failing to act. Res ipsa loquitur - “the thing that speaks for itself”; the doctrine that suggests negligence can b presumed if an event happens that would not ordinarily happen unless someone was negligent. Actual cause - also known as cause in fact, this is measured by the “but for” standard: but for the defendant’s actions, the plaintiff would not have been injured. Market share theory - a legal theory that allows plaintiffs to recover proportionately from a group of manufacturers when the identity of the specific manufacturer responsible for the harm is unknown. Proximate cause - once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
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Second Midterm Vocab - Chapter 7 Torts Restatement of the...

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