Business Law 5 & 6 – Flashcards
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Intentional Tort
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A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff's injuries.
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Assault
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1. The threat of immediate harm or offensive contact or 2. any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary.
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Battery
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Unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
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Transferred Intent Doctrine
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Under this doctrine, the law transfers the perpetrator's intent from the target to the actual victim of the act.
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False Imprisonment
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The intentional confinement or restraint of another person without authority or justification and without that person's consent.
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Merchant Protection Statutes (Shopkeeper's privilege)
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Statutes that allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if 1. there are reasonable grounds for suspicion, 2. suspects are detained for only a reasonable time, and 3. investigations are conducted in a reasonable manner.
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Misappropriation of the Right to Publicity (tort of appropriation)
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An attempt by another person to appropriate a living person's name or identity for commercial purposes.
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Invasion of the right to privacy
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The unwarranted and undesired publicity of a private fact about a person. The fact does not have to be untrue.
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Defamation of Character
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False statement(s) made 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.
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Libel
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A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, etc.
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Slander
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Oral defamation of character
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Disparagement (trade libel, product disparagement, and slander of title)
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False statements about a competitor's products, services, property, or business reputation.
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Intentional Misrepresentation (fraud or deceit)
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The intentional defrauding of a person out of money, property, or something else of value.
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Intentional Infliction of Emotional Distress (tort of outrage)
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A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress.
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Malicious Prosecution
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A lawsuit in which the original defendant sues the original plaintiff. In the second lawsuit, the defendant becomes plaintiff and vice versa.
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Unintentional tort (negligence)
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A doctrine that says a person is liable for harm that is the foreseeable consequence of his or her actions
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Duty of Care
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The obligation people owe each other not to cause any unreasonable harm or risk of harm.
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Reasonable Person Standard
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A test used to determine whether a defendant owes a duty of care. Measures the defendant's conduct against how an objective, careful, and conscientious person would have acted in the same circumstances.
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Actual Cause (causation in fact)
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The actual cause of negligence. A person who commits a negligent act is not liable unless actual cause can be proven.
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Proximate Cause (legal cause)
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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.
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Professional Malpractice
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The liability of a professional who breaches his or her duty of care.
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Negligence Infliction of Emotional Distress
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A tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.
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Negligence per se
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A tort in which the violation of a statute or an ordinance constitutes the breach of the duty of care.
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res ipsa loquitur
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A tort in which the presumption of negligence arises because 1. the defendant was in exclusive control of the situation and 2. the plaintiff would not have suffered injury but for someone's negligence. The burden switches to the defendant to prove that he or she was not negligent.
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Good Samaritan Law
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A statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations.
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Superseding Event (intervening event)
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An event for which a defendant is not responsible. The defendant is not liable for injuries caused by the superseding or intervening event.
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Assumption of the risk
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A defense a defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury.
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Contributory Negligence
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A doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant.
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Comparative Negligence (comparative fault)
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A doctrine under which damages are apportioned according to fault.
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Strict Liability
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Liability without fault; a tort that makes manufacturers, distributors, wholesalers, retailers, and any others in the chain of distribution of a defective product liable for the damages caused by the defect.
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Product Liability
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The liability of manufacturers, sellers, and others for the injuries caused by defective products.
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Negligence of Product Defect
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A tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff.
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Intentional Misrepresentation (fraud)
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A tort in which a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby.
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Punitive Damages
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Monetary Damages that are awarded to punish a defendant who either intentionally or recklessly injured the plaintiff.
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Defect in Manufacture
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A defect that occurs when a manufacturer fails to 1. properly assemble a product, 2. properly test a product, or 3. adequately check the quality of a product.
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Defect in design
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A defect that occurs when a product is improperly designed.
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Crashworthiness Doctrine
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A doctrine that says automobile manufacturers are under a duty to design automobiles so they take into account the possibility of harm a person's body striking something inside the car in case of a car accident.
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Failure to warn
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A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown.
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Government Contractor Defense
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A defense which provides that contractors that manufacture products to government specifications are not usually liable if such product causes injury.
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Abnormal Misuse
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A defense that relieves a seller of product liability if the user abnormally misused a product.
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Supervening Event
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An alteration or a modification of a product by a party in the chain of distribution that absolves all prior sellers from strict liability.
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Statute of Limitations
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A statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product.
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Statute of Repose
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A statute that limits the seller's liability to a certain number of years from the date when the product was first sold.
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Contributory Negligence for a Defective Product
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A defense that says a person who is partially responsible for causing his or her own injuries may not recover anything from the manufacturer or seller of a defective product.
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Comparative Fault for a Defective Product
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A person who is partially responsible for causing his or her own injuries is responsible for a proportional share of the damages and the manufacturer or seller of the product are responsible for the remainder of the plaintiff's damages.
