Business Law and Ethics Chapter 6: Torts and Strict Liability – Flashcards
Unlock all answers in this set
Unlock answersquestion
Tort
answer
a wrong
question
Three types of torts
answer
1. intentional torts 2. unintentional torts 3. strict liability
question
Intentional Torts
answer
requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries
question
Assault
answer
(1) the threat of immediate harm or offensive contact (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary
question
Battery
answer
: unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
question
False Imprisonment
answer
: the intentional confinement or restraint of another person without authority or justification and without that persons consent
question
Merchant protection statutes (shopkeeper's privilege)
answer
: allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if (1) there are reasonable grounds for the suspicion (2) suspects are detained for only a reasonable time (3) investigations are conducted in a reasonable manner
question
Misappropriation of the right to publicity (tort of appreciation)
answer
: an attempt by another person to appropriate a living person's name or identity for commercial purposes without their consent.
question
Invasion of the Right to Privacy
answer
: the unwarranted and undesired publicity of a private fact about a person. The fact does not have to be untrue.
question
Defamation of character
answer
: False statement(s) by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party.
question
Libel
answer
: a false statement that appears in a newspaper, letter, magazine, book, photo, movie, video, and so on.
question
Slander
answer
: oral defamation of character
question
Disparagement
answer
false statements about a character's products, services, property, or business reputation
question
Intentional misrepresentation (fraud or deceit)
answer
: the intentional defrauding of a person out of money, property, or something else of value
question
Intentional infliction of emotional distress (tort of outrage)
answer
: a person whose extreme and outrageous conduct intentionally or recklessly causes sever emotional distress to another person is liable for that emotional distress.
question
Malicious prosecution
answer
: a lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes the plaintiff and vice versa
question
Unintentional Torts (Negligence)
answer
: a person is liable for harm that is the forseeable consequence of his or her actions.
question
Duty of Care
answer
: the obligation people owe each other not to cause any unreasonable harm or risk of harm
question
Reasonable person standard
answer
: a test used to determine whether a defendant owes a duty of care. This test measures the defendants conduct against how an objective, careful and conscientious person would have acted in the same circumstances
question
Reasonable professional standard
answer
: applies to defendants with a particular expertise
question
Breach of the Duty of Care
answer
: a failure to exercise care or to act as a reasonable person would act
question
Injury to Plaintiff
answer
: a plaintiff's personal injury or damage to his or her property that enables him or her to recover monetary damages for the defendant's negligence
question
Actual Cause (Causation in fact)
answer
: The actual cause of negligence. Actual cause must be proven.
question
Proximate Cause (Legal cause)
answer
: a point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions.
question
Professional Malpractice
answer
: professional who breaches their duty of ordinary care
question
Negligent Infliction of emotional distress
answer
: permits a person to recover for emotional distress caused by the defendant's negligent conduct
question
Negligence per se
answer
: the violation of a statute or an ordinance constitutes the breach of the duty of care
question
Res Ipsa Loquitur
answer
: the presumption of negligence arises because (1) the defendant was in exclusive control of the situation (2) the plaintiff would not have suffered injury but for someone's negligence. The burden switches to the defendant to prove hat they were not negligent.
question
Gross Negligence
answer
: says a person is liable for harm that is caused by his or her willful misconduct or reckless behavior. Punitive damages may be assessed.
question
Attractive Nuisance Doctrine:
answer
imposes liability on a landowner to children who have been attracted onto the landowner's property by an attractive nuisance and who are killed or injured on the property.
question
Good Samaritan Law
answer
: relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
question
Assumption of the risk
answer
: defense that a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
question
Contributory Negligence
answer
: says that a plaintiff who is particularly at fault for his or her own injury cannot recover against the negligent defendant.
question
Comparative Negligence
answer
: damages are apportioned according to fault.
question
Product liability:
answer
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.
question
Strict liability
answer
: makes those in the chain of distribution of a defective product liable for the damages caused by the defect.
question
Chain of distribution
answer
: all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction
question
Punitive damages
answer
: monetary damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
question
Defect in manufacture
answer
: defect that occurs when a manufacturer fails to (1) assemble a product properly, (2) test a product properly (3) check the quality of the product adequately
question
Defect in design
answer
: defect that occurs when a product is designed improperly
question
Failure to Warn
answer
: defect that occurs when the manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown
question
Defect in Packaging:
answer
defect that occurs when a product has been placed in packaging that is insufficiently tamperproof
question
1. Generally known dangers
answer
: a defense that acknowledges that certain products are inherently dangerous and are known to the general population to be so
question
2. Abnormal misuse of a product
answer
: relieves a seller of product liability if the user misused a product abnormally
question
3. Supervening event:
answer
alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability
question
4. Statute of Repose:
answer
limits the seller's liability to a certain number of years from the date when the product was first sold.