1 | ABSOLUTE PRIVILEGE | | _____ | Enacted by Congress to extend immunity to the ISPs by protecting them from any defamation liability as a “publisher or speaker of any information provided by another information content provider.” |
2 | ACTUAL DAMAGES | | _____ | A tort used to sue where a competitor has made a false statement that disparaged a competing product. |
3 | ASSUMPTION OF THE RISK | | _____ | A narrow privilege provided for under the Restatements to shield a merchant from liability for temporarily detaining a party who is reasonably suspected of stealing merchandise. |
4 | BREACH OF DUTY | | _____ | The wrongful action or inaction of a tortfeasor. |
5 | CAUSE IN FACT | | _____ | A defense to claims of negligence where the injured party’s conduct has played a factor in the harm suffered and, thus, the proportion of negligence should be divided. |
6 | COMMUNICATIONS DECENCY ACT OF 1996 | | _____ | A defense to a defamation claim provided to government officials, judicial officers and proceedings, and state legislatures, where the defendants need not proffer any further evidence to assert the defense. |
7 | COMPARATIVE NEGLIGENCE | | _____ | A category of torts where the tortfeasor was willful in bringing about a particular event that caused harm to another party. |
8 | DUTY | | _____ | A defense to a defamation claim provided for the media and employers, where the defendants must offer evidence of good faith and be absent of malice to be shielded from liability. |
9 | INTERNATIONAL TORTS | | _____ | A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that except for the breach of duty by the tortfeasor, they would not have suffered damages. |
10 | LIBEL | | _____ | Statutes intended to protect the interest of a state’s major industries such as agriculture, dairy, or beef. |
11 | MERCHANT'S PRIVILLEGE | | _____ | Some act by one party that harms or endangers another party. Nonfeasance p. 218 The failure to act or intervene in certain situations. |
12 | MISFEASANCE | | _____ | Written defamation, in which publishing in print (including pictures), writing, or broadcast through radio, television, or film, an untruth about another that will do harm to that person’s reputation or honesty or subject a party to hate, contempt, or ridicule. |
13 | NEGLIGENCE | | _____ | A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that it suffered some physical harm that resulted in identifiable losses. |
14 | PRODUCT DISPARAGEMENT STATUES | | _____ | In tort law, where a tortfeasor may be held liable for an act regardless of intent or willfulness, applying primarily to cases of defective products and abnormally dangerous activities. |
15 | PROXIMATE (LEGAL) CAUSE | | _____ | The failure to act or intervene in certain situations. |
16 | QUALITIED PRIVILLEGE | | _____ | One who commits a civil wrong against another resulting in injury to person or property. |
17 | RESTATEMENT OF TORTS | | _____ | In tort law, a heightened duty created between a common carrier to its passengers, innkeepers to guests, employers to employees, businesses to patrons, a school to students, and a landlord to tenants and landowners. |
18 | SLANDER | | _____ | A civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party. |
19 | SPECIAL RELATINSHIP | | _____ | 223 A defense to claims of negligence where the injured party knows that a substantial and apparent risk was associated with certain conduct, and the party went ahead with the dangerous activity anyway. |
20 | STRICT LIABILITY | | _____ | A category of torts where the tortfeasor was absent of willful intent in bringing about a particular event that caused harm to another party. |
21 | TORT | | _____ | A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove a legally recognized and close-in-proximity link between the breach of duty and the damages it suffered. |
22 | TORTFEASOR | | _____ | An influential document issued by the American Law Institute (ALI) summarizing the general principles of U.S. tort law and recognized by the courts as widely applied principles of law. Note that ALI amended the Restatements twice and therefore these sources of law are called the Restatement (Second) of Torts and the Restatement (Third) of Torts. |
23 | TORTIOUS CONDUCT | | _____ | A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that the tortfeasor owed them a duty of care. |
24 | TRADE LIBEL | | _____ | A fundamental element to recover a lawsuit against a tortfeasor for negligence where the injured party must prove that the tortfeasor failed to exercise reasonable care in fulfilling its obligations. |
25 | NONFEASANCE | | _____ | Oral defamation, in which someone tells one or more persons an untruth about another that will harm the reputation or honesty of the person defamed or subject a party to hate, contempt, or ridicule. |