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Chapter 5 Key Terms

Chapter 5 Key Terms - Chapter 5 Key Terms Assumption of the...

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Chapter 5 Key Terms Assumption of the Risk – a defense to negligence. Known as a voluntary exposure to a known risk. If a person knows there is a risk of injury but still participates in the activity, then there are no damages to be awarded. Cause in Fact – the first type of causation dealing with negligence torts. It is generally not a big problem to prove, and involves showing that the given action was the actual cause of the harm to the plaintiff. Comparative Negligence – allows a proration of the damages based on the combined negligence of the parties. Damages are usually awarded on a percentage basis. In most states, if injury was more than 50% your fault then you cannot collect damages. This resulted from the harshness of contributory negligence. Compensatory Damages – intended to make the plaintiff whole again. The three types are past and future medical expenses, economic loss, and pain and suffering. The extent of the damage done to the plaintiff is a jury determination. Consent - one of the defenses to assault/battery. Gives the tortfeasor permission to commit the battery. Can be either expressed or implied. Contributory Negligence – when you contribute to our injury due to your own negligence. Copyright – covers creative works. A copy right lasts the life of the author plus 70 years. For a publisher its 95 years since published or 120 years from the creation of the item. Cyber squatting – buying up domain names and then selling them at ridiculous prices to their true owners. Defense – a legal justification to commit what would otherwise be a tort. Defenses to assault/battery are consent, privilege, and self defense. Ethical Compensation – emphasizes that the payment of compensation is a benefit to the victim of the wrong, and justice requires the victim should receive this compensation. Ethical Retribution – places emphasis upon the fact that the payment of compensation is harmful to the offender and justice requires that the offender suffer the harm. Fair Use Doctrine – exception to the copyright act. Allows someone to use the copyrighted article without permission from the owner depending on Infringement – when someone other than the owner uses intellectual property without the owners permission.
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Intellectual Property – property created from the ideas or thought process of the creator. Labeling Defects Libel – defamation through some permanent form; in print or recording. Market Share Liability –
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