Intention Torts
Jeff sues someone after he was threatened by the person raising a fist at him, but no contact took place
What is assault
A customer slips on a wet floor in a store and gets hurt because there wasn’t any warning sign there
What is negligence
A person gets injured in an accident but they were also partly responsible for what happened
What is contributory negligence
When each party satisfactorily performs its part of the bargain, this method of ending a contract is
What is performance
The contractual term where the contract ends when some event or condition takes place
What is Conditions subsequent
A store owner grabs a customer's arm, preventing them from leaving the store even though there was no theft
What is battery
A driver is texting while driving and ends up hitting another car and injuring someone
What is negligence
An employee causes damage while working and the company gets held responsible for it
What is vicarious liability
If one party is ready, willing, able and attempts to perform but performance is refused by the other party, this way of performing is considered
What is Tender of performance
Outside, unforeseen, unexpected event that makes a contract impossible to complete ends the contract through this
What is Frustration
A person is trapped in a room with no way to escape, even though no crime was committed
What is false imprisonment
A company sells a product that turns out to be and it ends up hurting someone
What is product liability
Two people agree on a deal where one pays money and the other provides a service
What is consideration
Terms essential to substantial performance, where breached victim relieved of obligations
What is Conditions
Returning parties to original position
What is Rescission
A business continues to spread misinformation online about a rival company
What is defamation
A person decides to do something risky like skydiving and gets injured while doing it
What is voluntary assumption of risk
Someone promises to pay for something that was already done before the agreement
What is past consideration
Minor terms of a contract
What is Warranties
Breaching party must compensate for the damages likely to be the result of the breach, this limitation is called
What is Remoteness
An individual repeatedly enters private property without permission, prompting the owner to take legal action
What is trespass to land
A doctor makes a mistake during treatment that most other doctors wouldn’t normally make
What is professional negligence
Two people change a contract but nothing new is given in return
What is no new consideration
Occurs when one party indicates that they do not intend to to follow through with their end of the deal
What is Repudiation
The equitable remedy where the court may order the breaching party to disclose and pay profits
What is Accounting