Tort Vocab
Intentional Torts & Negligence
Contract Basics
Offer / Acceptance
Contract Vocab
100

A private wrong committed by one person against another.

A private wrong committed by one person against another.

100

What are the 4 elements of negligence?

  1. Duty of Care 
  2. Breach of Duty 
  3. Proximate Cause 
  4. Actual Harm 
100

What are the six elements of a contract?

  • Offer
  • Acceptance
  • Genuine Agreement
  • Consideration
  • Capacity
  • Legality
100

What are the three basic requirements of an offer?

  • Made seriously
  • Definite and certain
  • Communicated to the offeree
100

A proposal by one party to another intended to create a legally binding agreement.

What is an offer?

200

A tort that results when one person carelessly injures another.

What is negligence?

200

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. 

  • Applies to ultrahazardous activities where regardless of how careful the participants were or their intent, they will be held liable for injuries or property damage. 
  • These include activities involving explosives, wild animals, flammable liquids, etc. 
  • Applies to product liability cases as well.
200

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?

200

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.

200

The second party’s unqualified willingness to go along with the first party’s proposal

What is an agreement?

300

Actions that deliberately hurt, embarrass, or scare people.

What is an intentional tort?

300

Describe one intentional tort against property.  Provide an example scenario.

Answers will vary.  Possible choices: 

o    Trespass 

o    Conversion 

o    Nuisance 

o    Disparagement 

300

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. 

300

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.

300

Which element of contracts state that parties are not allowed to enforce contracts that involve illegal acts.

What is legality?

400

Exists when the link between the negligent conduct and the injury is strong enough to be recognized by the law.

What is proximate cause?

400

Describe one intentional tort against a person.  Provide an example scenario.

Answers will vary.  Possible choices: 

  • Assault & battery 
  • False imprisonment 
  • Defamation 
  • Invasion of privacy 
  • Intentional infliction of emotional distress 
400

What is the difference between a unilateral and bilateral contract?

  • A unilateral contract contains a promise by only one person to do something, if and when the party performs some act. 
  • A bilateral contract is a contract that contains two promises.  One party promises to do something in exchange for the other’s promise to do something else.
400

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.

400

Exists when an agreement is true and genuine: a valid offer is met by a valid acceptance.

What is legality?

500

Explain the difference between defamation and disparagement.

Defamation is lies about people.  

Disparagement is lies about objects.

500

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. 

500

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.

500

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.

500

The exchange of things of value that create the bond between the parties to the contract.

What is consideration?