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Business Law

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Business Law
Chapter 4

actionable
Capable of serving as the basis of a lawsuit. an actionable claim can be pursued in a lawsuit or other court action.

actual malice
The deliberate intent to cause harm that exists when a person makes a statement with either knowledge of its falsity or reckless disregard of the truth. actual malice is required to establish defamation against public figures.

appropriation
In tort law, the use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user.

assault any word or action intended to make another person fearful of immediate physical harm—a reasonably believable threat.

assumption of risk a defense to negligence. a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed.

Battery
Unexcused, harmful or offensive, physical contact with another that is intentionally performed.

Business invitee a person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.

Business tort
Wrongful interference with another’s business rights and relationships.

Causation in fact an act or omission without which an event would not have occurred.

Comparative negligence a rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault, rather than barring recovery completely.

Compensatory damages a monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party. contributory negligence
A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damages suffered is partly the plaintiff's own fault.

conversion
Wrongfully taking or retaining possession of an individual's personal property and placing it in the service of another.

cyber tort
A tort

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