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Torts and Products Liability

Janet R. Rodriguez

Torts and products Liability chapter 9 Vocabulary words for Law/421 based on the book "The Legal Environment of Business a Managerial Approach Theory to Practice" by Sean P. Melvin

1ABSOLUTE PRIVILEGE _____Enacted by Congress to extend immunity to the ISPs by protecting them from any defamation liability as a “publisher or speaker of any information provided by another information content provider.”
2ACTUAL DAMAGES _____A tort used to sue where a competitor has made a false statement that disparaged a competing product.
3ASSUMPTION OF THE RISK _____A narrow privilege provided for under the Restatements to shield a merchant from liability for temporarily detaining a party who is reasonably suspected of stealing merchandise.
4BREACH OF DUTY _____The wrongful action or inaction of a tortfeasor.
5CAUSE IN FACT _____A defense to claims of negligence where the injured party’s conduct has played a factor in the harm suffered and, thus, the proportion of negligence should be divided.
6COMMUNICATIONS DECENCY ACT OF 1996 _____A defense to a defamation claim provided to government officials, judicial officers and proceedings, and state legislatures, where the defendants need not proffer any further evidence to assert the defense.
7COMPARATIVE NEGLIGENCE _____A category of torts where the tortfeasor was willful in bringing about a particular event that caused harm to another party.
8DUTY _____A defense to a defamation claim provided for the media and employers, where the defendants must offer evidence of good faith and be absent of malice to be shielded from liability.
9INTERNATIONAL TORTS _____A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that except for the breach of duty by the tortfeasor, they would not have suffered damages.
10LIBEL _____Statutes intended to protect the interest of a state’s major industries such as agriculture, dairy, or beef.
11MERCHANT'S PRIVILLEGE _____Some act by one party that harms or endangers another party. Nonfeasance p. 218 The failure to act or intervene in certain situations.
12MISFEASANCE _____Written defamation, in which publishing in print (including pictures), writing, or broadcast through radio, television, or film, an untruth about another that will do harm to that person’s reputation or honesty or subject a party to hate, contempt, or ridicule.
13NEGLIGENCE _____A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that it suffered some physical harm that resulted in identifiable losses.
14PRODUCT DISPARAGEMENT STATUES _____In tort law, where a tortfeasor may be held liable for an act regardless of intent or willfulness, applying primarily to cases of defective products and abnormally dangerous activities.
15PROXIMATE (LEGAL) CAUSE _____The failure to act or intervene in certain situations.
16QUALITIED PRIVILLEGE _____One who commits a civil wrong against another resulting in injury to person or property.
17RESTATEMENT OF TORTS _____In tort law, a heightened duty created between a common carrier to its passengers, innkeepers to guests, employers to employees, businesses to patrons, a school to students, and a landlord to tenants and landowners.
18SLANDER _____A civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.
19SPECIAL RELATINSHIP _____223 A defense to claims of negligence where the injured party knows that a substantial and apparent risk was associated with certain conduct, and the party went ahead with the dangerous activity anyway.
20STRICT LIABILITY _____A category of torts where the tortfeasor was absent of willful intent in bringing about a particular event that caused harm to another party.
21TORT _____A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove a legally recognized and close-in-proximity link between the breach of duty and the damages it suffered.
22TORTFEASOR _____An influential document issued by the American Law Institute (ALI) summarizing the general principles of U.S. tort law and recognized by the courts as widely applied principles of law. Note that ALI amended the Restatements twice and therefore these sources of law are called the Restatement (Second) of Torts and the Restatement (Third) of Torts.
23TORTIOUS CONDUCT _____A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that the tortfeasor owed them a duty of care.
24TRADE LIBEL _____A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that the tortfeasor failed to exercise reasonable care in fulfilling its obligations.
25NONFEASANCE _____Oral defamation, in which someone tells one or more persons an untruth about another that will harm the reputation or honesty of the person defamed or subject a party to hate, contempt, or ridicule.

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