BUL 3310 FSU exam 2 vocab
Nuisance - ✔️✔️Generally, any continuous or continued conduct that causes
annoyance, inconvenience, or damage to person or property (usually applies to
unreasonable, wrongful use of property, causing material discomfort, hurt, and damage
to the person or property of another
Joint and several - ✔️✔️Two or more persons have an obligation that binds them
individually as well as jointly. The obligation can be enforced either by joint action
against all of them or by separate actions against one or more
Negligence - ✔️✔️Failure to do that which an ordinary, reasonable, prudent person
would do, or the doing of some act that an ordinary, prudent person would not do
Strict liability - ✔️✔️The doctrine under which a party may be required to respond to
tort damages, without regard to that party's fault
Compensatory damages - ✔️✔️A sum of money the court imposes on a defendant as
compensation for the plaintiff because the defendant has injured the plantiff by breach
of a legal duty
Punitive damages - ✔️✔️Damages by way of punishment that are allowed by the court
as the result of an injury caused y a wrong that is willful and malicious
Trespass - ✔️✔️An injury to the person, property, or rights of another person
committed by actual force and violence or under such circumstances that the law will
infer that the injury was caused by force or violence
Tort - ✔️✔️A wrongful act committed by one person against another person or his or
her property
Chattel - ✔️✔️A very broad term, derived from the word cattle and includes every kind
of property that is not real property
Libel - ✔️✔️The publication of a falsehood about a person by printing, writing signs, or
pictures for the purpose of injuring the reputation and good name of such person
Slander - ✔️✔️An oral utterance of a false statement that injured the reputation of
another
Duty - ✔️✔️A legal obligation imposed by general law or voluntarily imposed by the
creation of a binding promise
, Right - ✔️✔️The phrase legal right is a correlative of the phrase legal duty. A person
has a legal right if, upon the breach of the corresponding legal duty, that person can
secure a remedy in a judicial proceeding
Res ipsa loquitur - ✔️✔️The thing speaks for itself, rebuttable presumption that a
defendant was negligent
Negligence per se - ✔️✔️Negligence shown through the violation of a statute or
ordinance
Proximate cause - ✔️✔️The negligent action that is close to the resulting injury or
damage
Assumption of risk - ✔️✔️The plaintiff voluntarily assumes a known risk of harm
Freedom of contract - ✔️✔️Parties have latitude to enter into any type of arrangement
they desire
Bilateral contract - ✔️✔️An agreement containing mutual promises, with each party
being both a promisor and a promisee
Unilateral contract - ✔️✔️An agreement involving only one promise, which is
exchanged for an act of performance
Express contract - ✔️✔️An agreement that is either spoken or written by the parties
Implied-in-fact - ✔️✔️A legally enforceable agreement inferred from the circumstances
and conduct of the parties
Quasi-contracts - ✔️✔️A term used to describe a factual situation involving a duty that
does not arise out of an actual contract and, in essence, is associated with a remedy
designed to promote justice and fairness
Quantum meruit - ✔️✔️The remedy used to avoid the unjust enrichment of one party at
the expense of another, usually is in association with quasi-contract
Void - ✔️✔️Having no legal effect (A contract that is void is a nullity and confers no
rights or duties)
Voidable - ✔️✔️That which is valid until one party, who has the power of voidance,
exercises such power
Nuisance - ✔️✔️Generally, any continuous or continued conduct that causes
annoyance, inconvenience, or damage to person or property (usually applies to
unreasonable, wrongful use of property, causing material discomfort, hurt, and damage
to the person or property of another
Joint and several - ✔️✔️Two or more persons have an obligation that binds them
individually as well as jointly. The obligation can be enforced either by joint action
against all of them or by separate actions against one or more
Negligence - ✔️✔️Failure to do that which an ordinary, reasonable, prudent person
would do, or the doing of some act that an ordinary, prudent person would not do
Strict liability - ✔️✔️The doctrine under which a party may be required to respond to
tort damages, without regard to that party's fault
Compensatory damages - ✔️✔️A sum of money the court imposes on a defendant as
compensation for the plaintiff because the defendant has injured the plantiff by breach
of a legal duty
Punitive damages - ✔️✔️Damages by way of punishment that are allowed by the court
as the result of an injury caused y a wrong that is willful and malicious
Trespass - ✔️✔️An injury to the person, property, or rights of another person
committed by actual force and violence or under such circumstances that the law will
infer that the injury was caused by force or violence
Tort - ✔️✔️A wrongful act committed by one person against another person or his or
her property
Chattel - ✔️✔️A very broad term, derived from the word cattle and includes every kind
of property that is not real property
Libel - ✔️✔️The publication of a falsehood about a person by printing, writing signs, or
pictures for the purpose of injuring the reputation and good name of such person
Slander - ✔️✔️An oral utterance of a false statement that injured the reputation of
another
Duty - ✔️✔️A legal obligation imposed by general law or voluntarily imposed by the
creation of a binding promise
, Right - ✔️✔️The phrase legal right is a correlative of the phrase legal duty. A person
has a legal right if, upon the breach of the corresponding legal duty, that person can
secure a remedy in a judicial proceeding
Res ipsa loquitur - ✔️✔️The thing speaks for itself, rebuttable presumption that a
defendant was negligent
Negligence per se - ✔️✔️Negligence shown through the violation of a statute or
ordinance
Proximate cause - ✔️✔️The negligent action that is close to the resulting injury or
damage
Assumption of risk - ✔️✔️The plaintiff voluntarily assumes a known risk of harm
Freedom of contract - ✔️✔️Parties have latitude to enter into any type of arrangement
they desire
Bilateral contract - ✔️✔️An agreement containing mutual promises, with each party
being both a promisor and a promisee
Unilateral contract - ✔️✔️An agreement involving only one promise, which is
exchanged for an act of performance
Express contract - ✔️✔️An agreement that is either spoken or written by the parties
Implied-in-fact - ✔️✔️A legally enforceable agreement inferred from the circumstances
and conduct of the parties
Quasi-contracts - ✔️✔️A term used to describe a factual situation involving a duty that
does not arise out of an actual contract and, in essence, is associated with a remedy
designed to promote justice and fairness
Quantum meruit - ✔️✔️The remedy used to avoid the unjust enrichment of one party at
the expense of another, usually is in association with quasi-contract
Void - ✔️✔️Having no legal effect (A contract that is void is a nullity and confers no
rights or duties)
Voidable - ✔️✔️That which is valid until one party, who has the power of voidance,
exercises such power
