Tort Vocab
A private wrong committed by one person against another.
A private wrong committed by one person against another.
What are the 4 elements of negligence?
What are the six elements of a contract?
What are the three basic requirements of an offer?
A proposal by one party to another intended to create a legally binding agreement.
What is an offer?
A tort that results when one person carelessly injures another.
What is negligence?
Explain the doctrine of strict liability.
A legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.
A type of contract in which a party to a contract is able to void or cancel a contract for some legal reason.
What is a voidable contract?
What is the mirror image rule?
The mirror image rule means that the terms stated in the acceptance must exactly mirror or match the terms of the offer.
The second party’s unqualified willingness to go along with the first party’s proposal
What is an agreement?
Actions that deliberately hurt, embarrass, or scare people.
What is an intentional tort?
Describe one intentional tort against property. Provide an example scenario.
Answers will vary. Possible choices:
o Trespass
o Conversion
o Nuisance
o Disparagement
What is the difference between an express and implied contract?
· An express contract is a contract that may be oral or written.
· An implied contract is a contract that comes about from the actions of the parties.
When does an advertisement change from an invitation to negotiate to an offer?
Courts recognize some advertisements as offers when they contain specific promises, use phrases such as “first come, first served”, or limit the number of items that will be sold.
Which element of contracts state that parties are not allowed to enforce contracts that involve illegal acts.
What is legality?
Exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law.
What is proximate cause?
Describe one intentional tort against a person. Provide an example scenario.
Answers will vary. Possible choices:
What is the difference between a unilateral and bilateral contract?
When the parties are dealing face-to-face or on the phone, the contract is valid once acceptance is ________.
When the parties are dealing face-to-face or on the phone, the contract is valid once acceptance is sent.
Exists when an agreement is true and genuine: a valid offer is met by a valid acceptance.
What is legality?
Explain the difference between defamation and disparagement.
Defamation is lies about people.
Disparagement is lies about objects.
What is the difference between contributory negligence comparative negligence?
· Contributory: If the defendant can prove that the plaintiff’s own negligence helped cause the injuries at all, the plaintiff loses the lawsuit.
· Comparative: The negligence of each party is compared & the amount of the plaintiff’s recovery is reduced by the percent of their own negligence.
o Courts use the 50% rule. The plaintiff is allowed to receive some damages if their negligence is less than the defendants.
Who does not have the capacity to enter into a contract?
Minors are generally excused from contractual responsibility, as are mentally impaired people and individuals under the influence of drugs or alcohol.
When acceptance must be sent over long distances, the contract becomes valid once the acceptance is ________.
When acceptance must be sent over long distances, the contract becomes valid once the acceptance is received.
The exchange of things of value that create the bond between the parties to the contract.
What is consideration?