| A | B |
|---|
| assault | apprehension of harmful contact |
| battery | harmful or offensive contact |
| assault and battery (modern Texas view) | same as criminal assault |
| false imprisonment | wrongfully interferring with another's freedom of movement; associated defense is shopkeeper's privilege |
| shopkeeper's privilege | a store has the right to detain a suspected thief/shoplifter as long as there is a reasonable basis, a reasonable manner of investigation and for a reasonable time |
| trespass | entering onto the real property of another without consent, express or implied |
| conversion | depriving another of the use of his/her personal property |
| defamation | a false statement of fact, published to a third party, which tends to injure the reputation of another |
| libel | permanent form of defamation |
| slander | oral form of defamation; requires proof of special damages unless slander per se |
| slander per se | slander that imputes crime, loathsome disease, or impugns business reputation of another |
| invasion of privacy | intrusion into seclusion; public disclosure of private facts; misappropriation of likeness, and false light (not recognized in Texas) |
| negligence | duty, breach of duty, proximate cause, and damages |
| duty | the obligation to act as a reasonable prudent person |
| breach of duty | the failure to act as a reasonable prudent person |
| proximate cause | cause in fact and legal cause |
| damages | compensatory: general and special |
| comparative negligence | a defense in which the acts of the plaintiff are compared to those of the defendant; plaintiff barred from recovery if greater than 50% |
| contribution | right of defendant to recover from other liable party |
| products liability | type of case usuall involving mass-produced manufactured goods; can be used to refer to 404(A) strict products liabililty |
| strict liability | wild animals, vicious animals, ultrahazardous activities--defendant liable for any harm caused |
| manufacturing defect | when one specific item/product is poorly made--a lemon |
| marketing defect | a product is unreasonably dangerous because there is no warning |
| design defect | a product is unreasonably dangerous because of a failure to use safer alternative specification |
| vicarious liability | being responsible for the torts of another simply because of your relationship; usually employer/employee |
| joint and several liability | where several different individuals share liability for one injury to a plaintiff |
