Business Law Flashcards
Simple Tort
Giving a person financial relief from the wrongdoer
Volitional
Willing and anticipated the consequences of said acts
Affirmative
An act that actually took place
Intent
Casted ideas forward in time, know what happened and wanted it to happen
Prima Facie
First look, first appearance, need proof
Battery
- A and V
- harmful/offensive contact that actually took place
- Directly or indirectly caused the harm
- Intent to cause harm
Assault
- A, & V
- Intent or Intent to cause fear of harm
- Plaintiff was reasonably scared
- fear was immediate
- contact failed
False Imprisonment
- A & V
- Plaintiff must be aware they are being confined
- Confinement was within a fixed boundary
- Without reasonably way to escape
- No consent
- Intent to confine plaintiff against will
IIED
- A & V
- Intent OR recklessness
- Cause severe emotional disturbance to plaintiff
- Extreme and outrageous
- Causation
Reckless behavior
knows but ignores the consequences, no intent
(Ex: driving at high speed through a crowded area, no intention to harm, but ignored risk)
Extreme an Outrageous
Dependent on the reasonable person
Tresspass
- A and V
- Belongs to another
- No permission
- Consequence is not valid
- Intent to enter or stay on land
Conversion
- A and V
- Intent to Control or have dominion
- Complete Destruction
- Plaintiff owns property
- Cash is only way to repay value
Trespass to Chattels
- A & V
- Intent to control or have dominion
- Partial Destruction or minor damages (can still be used)
- Plaintiff owns, and used without permission
Fraudulent Misrepresentation
- A and V
- Material facts (important to decision)
- Knows the facts are false
- Intent to create reliance on misrepresentation
- Plaintiff relied, reliance is justifiable
- Damages were caused from reliance
Defamation (Public Person + Public Concern)
- A and V
- Harms reputation
- Concerns Plaintiff
- Was FALSE
- Defendant Acted with malice or recklessness
- need to prove they are NOT a public person
Public person
What The reasonable person would define as
Publication
telling 1+ person
Defamation (Private Person, Private Concern)
- A and V
- Harms reputation
- Concerns Plaintiff
- Plaintiff was harmed
Libel
Defamation through writing
Slander
Defamation through oral publication
Misappropriation
- A, V, Intent to use Identity
- Someone used name, voice or figure for marketing
- No permission
Intrusion
- A and V
- Intent to intrude on plaintiff private affairs
- Unreasonable and Improper means
- Confidential information was obtained
Public Disclosure of Private Facts
- A and V
- Intent to release disclosed information
- Concerns Plaintiff
- Reasonable person would not want publicized
- Publicized to wide audience
False Light
- A and V
- Intentionally Published
- Wide Audience
- Place Plaintiff in light that is highly offensive
- Defendant had knowledge of falsity or acted with recklessness
Respondent Superior
Can sue employer for act committed by employee
1. In scope of employment
2. Directed or Authorized
3. Actor was a manager
4. Actor was unfit for duty
5. Act was ratified after it happened
Consent in Fact
Looked for permission and recieved it
Implied in Fact Consent
Agreed upon without saying you agree through act
Implied in Law Consent
Consent is imposed and un-spokenly agreed upon
Ex: paramedics resuscitate you
Informed Consent
People who have more information than you must be more transparent |
Ex: surgery
Emergency Privilege
If somebody saved you, cannot be sued
Good Samaritan Law
Provide protection against those who voluntarily helped injured
Self Defense (without deadly force)
- did not reasonable believe you will die
Self Defense (with deadly force)
- ## Reasonably believed you will die if you didnt protect yourself
Defense of Others
- Defending another person
- Whatever defense you perform against another must be equal to what they are capable of doing
Defense of Property
Self defense without deadly force is NEVER allowed to protect property, maybe can use physical force
Private Necessity
Performed tort but it was necessary to save yourself death
Ex: broke into cabin in the woods and ate the food
Public Necessity
Tort was committed to help the public,
Negligence
Failure to acknowledge the safety of person, their property, where failure caused injury or damage
Negligence Elements
- Duty
- Breach
- Actual Cause
- Proximate Cause
- Harm was done
Duty
Everyone has duty to act reasonably
- Professionals have higher
- Incapacitated, minors, etc have lower
Breach
Not performing reasonable duty
Actual Cause
Were you the roof of the cause?
Proximate Cause
The act that created harmed within the vincinity, foreseeable
“Could have __ potentially caused __”
Tresspasser Exception
- Duty of reasonable care towards trespassers
- Must always warn of concealed traps
- Landowners owe duty of reasonability
Strict Liability
Person is automatically liable to injuries they cased (even if they did not act with intent or not negligent)
Wild Animals
held under strict liability that are not domesticated
Domesticated Animals
Usually not held under strict liability, unless owner was aware animals behavior has been dangerous (One bite rule)
Abnormally Dangerous
Unheard of and unusually dangerous (not severe, but unpredictable)
Duty of Rescuers
- No duty to rescue person
- duty to rescue those YOU put in harms way
- Duty to rescue if you have special relationship
- duty if you rescue must complete rescue
Comparative Negligence (Pure)
What percentage should responsibility be assigned and reflected at monetary damage
Comparative Negligence (50% Rule)
If plaintiff is found more than 50% responsible, they get nothing
Contributory Negligence
If plaintiff is found any percentage negligence they get nothing
Waiver
Must be foreseeable, signing away a portion of rights
1. Voluntary Agreement,
2. Aware of Risks
3. Specific (yet also bread) of potential risks that could happen - Foreseeable
Implied Assumption of Risk
There is an inheret risk in activity as it is
1. Release given was clear
2. Reasonably Related to Purpose
Ex: playing football increases chance of broken arms
Contracts
Agreement between parties
1. Offer
2. Acceptance
3. Consideration
Acceptance
Offer is either denied or invited
Rejection
destroys offer
lapse
Acceptance must be made within a reasonable timeframe
Death of Incapacity
prevents the formation of a contract
Counteroffer
Acts as a rejection, but then follows by an immediate new offer
Revocation
Can take back an offer any time BEFORE acceptance
Option Contract
Have specific amount of time to make a decision about what you want to do (Ex: stock options)
Consideration
- Bargained For exchange
- Legal Value
- Mutual Obligations
Promissory Estopped
- Clear and definie promise
- Reliance on promise
- Reliance was justified to reasonable person
- Failure to enforce the promise
Contract Issues (Hierarchy)
First Step: Course of Dealing between parties - how they have reacted in past
Second Step: Standards within the industry
Third Step: Parole Evidence (Bring in outside evidence BEFORE agreement)
Material Changes
Major change to the contract that affects the core purpose of it (price, quantity, etc)
Immaterial Changes
Minor changes to the contracts that do not effect (spelling, etc)
Statue of Fraud
Contracts that MUST be in writing
1. Sale of Property
2. Leases Longer than one Year
3. Contracts that are not performed within one year
4. Selling item >$500
5. Promise to pay the debt of another person
Tortious Interference of Contracts
- Trying to get someone to breach contract
- Existence of a Valid contract
- Knowledge of existing contract
- Intentional Efforts to breach
- Actual breach and harm done
Anticipatory Breach
Know that you will have. to breach the contract and inform the party
- Other person can do what they want with anticipated breach (take legal action, etc)
Mutual Mistake
Both parties were wrong abt material fact of contract
Unilateral Mistake
One party made mistake, must be innocent,
Illegality
If contract encourages illeal act - do not need to perform
Frustration of Purpose
Unexpected event thats vital to contract changes (kid and clown example)
Impracticability
Impractical for the contract to be fullfilled (Ex: Beyonce is sick and cannot perform contract)
Impossibility
Impossible for the contract to be fulfilled (Ex: Beyonce Dies and cannot perform)
Unclean Hands
If a party acts unfaithful or committed a tort against contract, you don’t need to perform obligation
Laches
Unreasonable Delay in being able to fullfil the contract
Unconsiousability
Contract was so crazy and wild that it becomes invalid
Actual Damages
Actual costs resulted directly from the breach of contract
Liquidated Damages
Specific, predetermined amount paid if the contract was breached
Punitive Damages
Additional Compensation that will need to be paid on top of actual damages
Benefit for Bargain Damages
Giving the party what was actually apart of the contract
Restitution
Compesating plaintiff for unjust or wrong done
Nominal Damages
Small Amount of money awarded to recognize legal wrong
Specific Perfomance
Court ordering a party to complete a specificjob
Legal Fees and Cost
expenses associated with lawyers costs, and court costs
Injunctive Relief
Court order to refrain a party to do something
