Business Law Chapter 4-6 – Flashcards
Unlock all answers in this set
Unlock answersquestion
A doctrine under which a plaintiff may not recover for injuries or damage suffered from risks he or she knows of and has voluntarily assumed
answer
Assumption Of Risk
question
A person, such as a customer or a client, who is invited onto business premises by the owner of those premises for business purposes.
answer
Business Invitee
question
actual or substantial cause of harm; Can use "but for" rule or test; plaintiff's harm would not have occurred but for defendant's negligent conduct
answer
Causation in Fact
question
Change from one (1) classification or use of land property to another is called __________.
answer
conversion
question
A sum of money paid in compensation for loss or injury in a civil case
answer
damages
question
Slander or libel
answer
defamation
question
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication.
answer
dram shop act
question
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
answer
duty of care
question
Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment
answer
fraudulent misrepresentation
question
wrongs committed against individuals or property
answer
intentional tort
question
An unintentional violation of a legal duty to use a standard of care.
answer
negligence
question
An action or failure to act in violation of a statutory requirement.
answer
negligence per se
question
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
answer
proximate cause
question
Claims made in advertising of product superiority that cannot be proven true or untrue.
answer
puffery
question
A business tort that occurs when false spoken statements criticize a business product or service and result in a loss of sales.
answer
slander of quality
question
A business tort that occurs when false published statements are related to the ownership of the business property.
answer
slander of title
question
The legal responsibility for damage or injury even if you are not negligent
answer
strict liability
question
Any wrongful act
answer
tort
question
A person who commits a tort
answer
tortfeasor
question
A mark used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.
answer
certification mark
question
An exclusive right granted by the federal government allowing the owner to reproduce and sell an artistic or published work.
answer
copyright
question
Refers to intangibles such as ideas, music, art, photos, logos, movies, and programs that are the result of creativity and intellectual effort.
answer
intellectual property
question
An agreement by the owner of intellectual property to permit another to use a trademark copyright patent or trade secret for certain limited purposes
answer
license
question
Exclusive rights over an invention; copyright
answer
patent
question
A trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.
answer
service mark
question
The image and overall appearance of a product
answer
trade dress
question
A commercial, legal name under which a company does business.
answer
trade name
question
A brand that has exclusive legal protection for both its brand name and its design
answer
trademark
question
A formula, device, idea, process, or other information used in a business that gives the owner a competitive advantage in the marketplace.
answer
trade secret
question
a guilty prohibited act
answer
actus reus
question
Being tried twice for the same crime
answer
double jeopardy
question
a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.
answer
felony
question
(n.) obtaining another's property by theft or trickery (When my car was not where I had left it, I realized that I was a victim of.)
answer
larceny
question
the wrongful mental state
answer
mens rea
question
(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct
answer
misdemeanor
