Legal Terms and Definitions: Assault, Contracts, Torts, and More, Quizzes of Business and Labour Law

Download Legal Terms and Definitions: Assault, Contracts, Torts, and More and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 Absolute Privilege DEFINITION 1 Also Parliamentaryprivilege.legal immunityenjoyed by members of certainlegislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator.Witness testifying in court may never be sued for defamation. (deliberatelyfalse testimony is perjury, not defamation.) TERM 2 Advertisements DEFINITION 2 Advertising is a form of communication used to persuade an audience to take some action with respect to products, ideas, or services.it is a request for an offer, not an offer. TERM 3 Auctions DEFINITION 3 An auction is a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the item to the highest bidder. Bids are the offer, not the auction. TERM 4 Assault DEFINITION 4 In law, assault is a crime causing a victim to fear violence. the defendant does some act that makes the plaintiff fear imminent battery. TERM 5 Battery DEFINITION 5 Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.intentional touching of another person. TERM 6 Bilateral Contract DEFINITION 6 promise made in an exchange for another promise. TERM 7 Breach of Duty DEFINITION 7 defendant failing to behave the way a reasonable person would behave in a similar situation. TERM 8 Clickwraps and Shrinkwraps DEFINITION 8 when you click "i agree" when buying something online, or when something is sent with electronics that says to read and agree to the terms TERM 9 Collateral promise DEFINITION 9 one person agrees to pay the debt of one to the debtor- must be in writing. TERM 10 Compensatory Damages DEFINITION 10 In law, damages is an award of money to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.money intended to restore a plaintiff to the position before the injury TERM 21 Expectation damages DEFINITION 21 Expectation damages are damages recoverable from a breach of contract. the money required to put one party in the position she would have been in had the other side performed the contract TERM 22 Express Contract DEFINITION 22 agreement with all important termsexplicitlystated TERM 23 False Imprisonment DEFINITION 23 False imprisonment is a restraint of a person in a bounded area without justification or consent. intentional restraint against someone without reasonable cause TERM 24 Fraud DEFINITION 24 In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual. injuring another person bydeliberatedeception TERM 25 Goods DEFINITION 25 things that are movable, other than money and investment securities TERM 26 Implied Contract DEFINITION 26 words and conduct of the parties indicate that they intended an agreement TERM 27 Incidental Damages DEFINITION 27 type of legal damages,, that are reasonably associated with or related to actual damages.small costs the injured party suffers when responding to the breach TERM 28 injunction DEFINITION 28 court order that requires someone to dosometingor torefrainfrom doing something TERM 29 Integrated contract DEFINITION 29 a writing that the parties intend as the final and complete agreement TERM 30 Integration clause DEFINITION 30 (to avoid parole evidence) anything before signing is disregarded TERM 31 Intentional Infliction DEFINITION 31 emotional distress resulting from outrageous conductIntentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress TERM 32 Intentional Tort DEFINITION 32 harm caused by a deliberate actionAn intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor TERM 33 Intrusion DEFINITION 33 tort (wrong) if a reasonable person would find the invasion of their privacy life offensive TERM 34 Judicial Activism DEFINITION 34 judicial ruling suspected of being based on personal or political considerations rather than on existing law. courts willingness to change or ignore a contractperceivedas unjust TERM 35 Judicial Restraint DEFINITION 35 courtsreluctance to interfere with the terms of conductJudicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. TERM 46 Negligence per se DEFINITION 46 the legal doctrine whereby an act is considered negligent because it violates a statute. when a legislature sets a minimum standard of care for a particular activity, in order to protect acertaingroup of people and a violation of the statute injures a member of that group TERM 47 Nominal damages DEFINITION 47 token sum, such as one dollar, given toplaintiffwho demonstrates a breach with no injury TERM 48 Noncompetition agreement DEFINITION 48 contract in which one party agrees not to compete with another TERM 49 Offer DEFINITION 49 act that proposes definite terms and permits other party to creat a contract to accept TERM 50 opinion DEFINITION 50 valid defense indefamationcase- cannot be provenstatements can be opinions, unless they are an expert TERM 51 Parole evidence DEFINITION 51 anything said or written before parties signed a contractThe parol evidence rule is a substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract that appears to be whole. TERM 52 Promissory estoppel DEFINITION 52 possible remedy for an injured plaintiff in a case with no valid contract TERM 53 Punitive Damages DEFINITION 53 punishment for the defendant for conduct that is outrageousPunitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. TERM 54 Qualified Privilege DEFINITION 54 two people who have a legitimate need to exchange information TERM 55 Quantum Meruit DEFINITION 55 Quantum meruit is a Latin phrase meaning "what one has earned". damages awarded in quasi-contract TERM 56 Quasi Contract DEFINITION 56 possible remedy for plaintiff with no contractfictional contract created by courts for equitable, not contractual purposes. TERM 57 Reformation DEFINITION 57 process in which court will partially re write contract TERM 58 Res Iipsa Loquitur DEFINITION 58 facts that imply that the defendants negligence caused the accident TERM 59 Single Recovery DEFINITION 59 requires court to settle past and future expenses once and for all TERM 60 Specific performance DEFINITION 60 forces both parties to complete the dealan order of a court which requires a party to perform a specific act, usually what is stated in a contract.