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Level 12

Torts A


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Actual malice
The knowledge that defamatory statements regarding a public figure are false.
Assault
The tort or threatening immediate offensive or harmful physical contact.
Assumption of risk
An affirmative defense to tort liability because the plaintiff freely and knowingly assumed the risk of injury.
Battery
The tort of intentionally causing harmful or offensive physical contact.
Breach of duty
Failure to act with reasonable care to avoid harming others.
Cause in fact
A cause without which the harm would not have occurred.
Comparative negligence
A partial defense to negligence in which the plaintiff is partly at fault in causing the injury.
Contributory negligence
An affirmative defense that any negligence on the part of the plaintiff will completely bar recovery from the defendant.
Conversion
The tort of depriving the owner of use and possession of personal property.
Defamation
The tort of communication to third parties of false statements about a person that harm the reputation of that person.
Dram shop act
A law imposing civil liability on the owner of an establishment that sells alcoholic beverages to an intoxicated person who injures another as a result of the intoxication.
Duty of care
Duty to use reasonable care toward others in order to avoid causing harm.
False imprisonment
The tort of intentionally and unlawfully depriving another of personal liberty.
Good Samaritan statute
A law that provides immunity from liability to a good samaritan whose negligent help causes injury.
Intent
The purpose of committing a tortious act having consequences that the actor desires or knows will occur.