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The Best Review On The Planet > Business Law > Flashcards

Business Law Flashcards

1
Q

CRIME VS TORT

A
  • A crime is an act against the general public

-A tort is a private wrong against another person- usually asking for compensation

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2
Q

Compensatory damages

A

-An amount of money the court believes will restore the plaintiff to the position they were in before the incident

-Medical expenses, lost wages, trauma

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3
Q

Single recovery principle

A

-Requires a court to settle a legal case by giving a lump sump for past and future expenses

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4
Q

Punitive damages

A

-Made to punish the defendant for conduct that is extreme and outrageous
-Society must make an example of it

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5
Q

3 guideposts in awarding punitive damages

A
  1. Badness of the defendants conduct
  2. Ratio between harm suffered and the award
  3. The difference between the punitive award and any civil penalties used in similar cases
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6
Q

The concept of rights examples:

A

-Be free from bodily harm
-Enjoy a good reputation
-Conduct business without interference

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7
Q

The law of the concept of rights imposes a duty on all of us to:

A

-Respect the rights of others

-TORT LAW GOVERNS THE INTERPLAY BETWEEN RIGHTS AND DUTIES!

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8
Q

Two categories of business tort

A
  1. Wrongful interference with a contractual relationship
  2. Wrongful interference with a business relationship
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9
Q

Wrongful interference with a contractual relationship EXAMPLE

A
  • A competitor draws away one of a firms key employees
    -It must be proven that the competitor knew of the contracts existence and intentionally induced the breach
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10
Q

Wrongful interference with a business relationship EXAMPLE

A
  • Specifically targeting the customers of a competitor (intentionally driving competitors out of the market)
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11
Q

Intentional Torts

A
  • Occurs when a person knows and desires the consequences of their act
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12
Q

Tortfeasor

A
  • The person who commited the tort
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13
Q

Assault

A

-Any word or action intended to make another person fearful of immediate physical harm
-Must be reasonably believeable

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14
Q

Battery

A

-Harmful or offensive physical contact with another that is intentionally performed
-Can include any part of the body or anything attached

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15
Q

Trespass

A

-Wrongful damage or interference with the property of another
-Includes anything owned

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16
Q

Real property

A

Land/anything associated with it

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17
Q

Personal property

A

Owners posessions

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18
Q

Nuisance

A

-Anything that interferes with the enjoyment of life or property

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19
Q

Public Nuisance

A

Affects multiple people

Examples: Loud music, fumes

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20
Q

Private Nuisance

A

-Affects one person

Example: A tree hanging into someone elses yard

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21
Q

Attractive Nuisance

A

-A landowner may be held liable for injuries to children trespassing if the injury is caused by an object likely to attract children

-Ex: Pools, machinery, wells

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22
Q

False Imprisonment

A

-Intentional restraint of another persons activities without justification

23
Q

Privilege to detain

A

-Granted to merchants when a person is accused of shoplifting
-Must be conducted in a reasonable manner and length of time
-Law enforcement must have probable cause or a warrant to arrest someone

24
Q

Defamation

A

-Anything published or publicly spoken that causes injury to another’s good name or reputation
-Statements must be FALSE
-Statements of opinions are protected by the first amendment

25
Q

Libel

A

-False statement in writing or printed form

26
Q

Slander

A

False statement made orally to a 3rd party

27
Q

Privileged statements

A

-Protect the open debate of legislative and judicial matters

28
Q

Public limelight

A

-Famous people have more difficulty proving damages of defamation as they must show actual malice

29
Q

Invasion of Privacy

A

Interfering with a persons right to be left alone

30
Q

Intrusion into an individuals affairs/seclusion

A

Example: Searching through someones backpack/invading a home

31
Q

False Light

A

Example: Publishing a story about a person that attributes ideas/opinions not held by that person

32
Q

Public Disclosure of Private Facts

A

Example: Disclosing someones information about their sex life

33
Q

Appropriation of Identiy

A

Example: Using someone’s picture without permission for commercial purposes

34
Q

Deceit/Fraud

A

-False statement/deceptive practice intending to injure another or for personal gain

35
Q

Conversion

A

-Unauthorized taking or borrowing of personal property of another for the use of the taker
-Often a tress pass to personal property also occurs

36
Q

Difference between trespass and conversion

A

Taking property: Trespass
Retaining property: Conversion

37
Q

Infliction of emotional distress

A

-Intentionally committed act that results in emotional or mental suffering to others
-Must exceed the bounds of decency

38
Q

Misuse of legal procedures

A

-Use of the legal system simply to harass others
-If a person initiates a lawsuit out of malice, they will lose the case / can be sued for malicious prosecution

39
Q

Abuse of process

A

-A person using legal process against another in an improper manner/to accomplish a purpose for which it was not designed

40
Q

Unintentional torts

A

-When a person acts in a careless manner that results in an injury to a person, damage to property, or both

41
Q

Two components of unintentional torts

A

Negligence
Strict Liability

42
Q

Negligence

A

-An accidental or unintentional tort resulting from the failure to exercise the degree of care that a reasonable person would.

43
Q

Strict Liability

A

-A doctrine; states that people doing ultra-hazardous activities will be held liable, regardless of how careful they were/their intent

44
Q

Four elements of negligence

A
  1. Duty of Care
  2. Breach of Duty
  3. Proximate Cause
  4. Actual Harm
45
Q

Duty of Care

A

All of us have a duty not to violate certain rights of others

46
Q

Breach of Duty

A
  • The failure to use the degree of care that a reasonable person would use in that same situation
47
Q

Proximate Cause

A

-The legal connection between unreasonable conduct and resulting harm

48
Q

Foreseeability test under Proximate Cause

A

Could you foresee the accident?

49
Q

Actual Harm

A

The plaintiff must have actually suffered physical injury, property damage or financial loss

50
Q

Defenses to Negligence: Contributory Negligence

A

-Behavior by the plaintiff that causes their injuries
-Plaintiff will receive NOTHING and loses the case

51
Q

Defenses to Negligence: Comparative Negligence

A

-The negligence of each party is compared under this doctrine
-The amount of the plaintiffs recovery is reduced by the perfect of their negligence

52
Q

Assumption of Risk

A

-If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured

53
Q

Strict Liability

A

-Some activities are so dangerous that the law will not apply principles of negligence/rules of intentional torts to them

-If these activities injure someone or damage property, the people engaged in the activities will be held liable

-Regardless of how carefulness/intent

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