Term
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Definition
| Where one person intentionally injures another (occasionally, but not always, a crime). |
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Term
| torts based on negligence |
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Definition
| Most torts occur when one person acts in a negligent manner, i.e., a careless manner, inadvertently causing an injury to another person. |
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Term
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Definition
| Includes product liability. The fact of injury means that somebody has done something wrong. |
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Term
| test for market share liability |
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Definition
1. All defendants must be tortfeasors.
2. The harmful products are identical.
3. Plaintiff, through no fault, cannot establish exact tortfeasor.
4. All manufacturers sold product in same geographic area at same time. |
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Term
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Definition
| Includes the theft of tangible and intangible property, e.g., taking your classmate’s laptop or Ipad, AND the re-recoding of music, and distribution of it to friends. |
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Term
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Definition
1. That the libel was published
2. That the plaintiff was identified
3. That the words were defamatory
4. That the defamatory statement was false (this is sometimes considered a “defense” to the tort. |
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Term
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Definition
1. Knowingly false statement of material fact about the business (typically the statement relates to quality, honestly, or reputation of the business;
2. Publication
3. Resulting HARM to the business;
4. And actual economic loss that results from 1-3 above. |
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Term
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Definition
1. False statement.
2. Of material fact.
3. Which induces reliance
4. And causes damages. |
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Term
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Definition
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Term
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Definition
| Other than out-of-pocket expenses. These include PAIN AND SUFFERING, MENTAL DISTRESS, LOSS OF CONSORTIUM (not available unless married). |
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Definition
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