Negligence and Torts: Terms and Definitions, Quizzes of Business and Labour Law

Download Negligence and Torts: Terms and Definitions and more Quizzes Business and Labour Law in PDF only on Docsity! TERM 1 Negligence DEFINITION 1 The failure to do what a reasonable person would do under the circumstances. TERM 2 Elements of Negligence DEFINITION 2 duty owedbreach of dutyproximate causedamagesneed all four to have negligence TERM 3 Duty of Care DEFINITION 3 Car accident --> average driver, no matter what age or experienceDoctors/Lawyers --> malpracticeA child is held to the standard of care for a child of similar age, intelligence and experienceLiability of parents: the parent is not liable unless agency relationship exists or the parent is negligent TERM 4 Duty to Resucue DEFINITION 4 There is no legal duty to rescue anotherExceptions:Special relationship: husband - wife parent - child employer - employee business - patronPerson who causes the harm TERM 5 Good Samaritan Statute DEFINITION 5 Protects medically trained for trying to render emergency help, you will only be liable for gross misconduct TERM 6 Duty of Landowners DEFINITION 6 TrespassersLicenseeBusiness Visitor TERM 7 Trespasser DEFINITION 7 One who comes upon the property of another without permission or legal rightmust not injure the person through willful or wanton misconduct TERM 8 Licensee DEFINITION 8 A person who comes upon the land with permission (social guest)liable for known defect which guest is not liable to discoverno duty to inspect (clean up) TERM 9 Business Visitor DEFINITION 9 A person who enters the property for a business purposeliable for known defect which guest is not liable to discoverduty to inspect TERM 10 Breach of DutyDamages: DEFINITION 10 Amount of money injured party receives-Lost wages-Medical bills-Property damage-Pain and sufferingPunitive Damages TERM 21 Battery DEFINITION 21 The intentional touching of the body of another or an object closely associated with the body in a harmful or offensive manner. When a person engages in a sport, they're taking assumption of the risks TERM 22 Assault DEFINITION 22 An act intended to put another in fear of an immediate battery (before the battery) TERM 23 Invasion of Privacy DEFINITION 23 Law guarantees that we have the right to be left alone TRUST IS NOT RELEVANT TERM 24 Defamation DEFINITION 24 A false statement which HARMS the reputation of another or lowers his or her reputation in the community Must have publication TRUTH IS A DEFENSE TERM 25 Libel DEFINITION 25 Statement in writing TERM 26 Slander DEFINITION 26 Statement said orally TERM 27 False Imprisonment DEFINITION 27 The unlawful detention of a person against his or her own will. If you can escape, its not False Imprisonment TERM 28 Product's Liability DEFINITION 28 One who sells a defective product is liable if another person gets injured Must be a merchant who sells the product It doesn't matter if you look and inspect it 1000 times, if it injures someone, you are the insurer of product's safety. TERM 29 Crimes Against Business DEFINITION 29 Shoplifting Robbery Burglary Employee Theft TERM 30 Burglary DEFINITION 30 Entry into any building or occupied structure with the intent to commit a crime Don't have to steal anything Exceptions: Abandoned house If open to public, can't be burglary TERM 31 Criminal Trespass DEFINITION 31 Occurs when a person enters the land of another without permission or with no legal right to be there TERM 32 Larceny DEFINITION 32 Taking and carrying away of the property of another without consent and with the intent of depriving the owner of the goods permanently TERM 33 Retail Theft (Shop Lifting) DEFINITION 33 Penalty depends on value of what is taken TERM 34 Embezzlement DEFINITION 34 When someone takes property entrusted to him or her with the intent to deprive the owner of the property An embezzler is lawfully entrusted with the property as opposed to a thief who improperly obtains possession of the asset TERM 35 Robbery DEFINITION 35 Theft plus force or threat of force