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Fall 2024 > Business Law > Flashcards

Business Law Flashcards

1
Q

Simple Tort

A

Giving a person financial relief from the wrongdoer

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2
Q

Volitional

A

Willing and anticipated the consequences of said acts

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3
Q

Affirmative

A

An act that actually took place

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4
Q

Intent

A

Casted ideas forward in time, know what happened and wanted it to happen

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5
Q

Prima Facie

A

First look, first appearance, need proof

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6
Q

Battery

A
  1. A and V
  2. harmful/offensive contact that actually took place
  3. Directly or indirectly caused the harm
  4. Intent to cause harm
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7
Q

Assault

A
  1. A, & V
  2. Intent or Intent to cause fear of harm
  3. Plaintiff was reasonably scared
  4. fear was immediate
  5. contact failed
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8
Q

False Imprisonment

A
  1. A & V
  2. Plaintiff must be aware they are being confined
  3. Confinement was within a fixed boundary
  4. Without reasonably way to escape
  5. No consent
  6. Intent to confine plaintiff against will
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9
Q

IIED

A
  1. A & V
  2. Intent OR recklessness
  3. Cause severe emotional disturbance to plaintiff
  4. Extreme and outrageous
  5. Causation
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10
Q

Reckless behavior

A

knows but ignores the consequences, no intent

(Ex: driving at high speed through a crowded area, no intention to harm, but ignored risk)

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11
Q

Extreme an Outrageous

A

Dependent on the reasonable person

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12
Q

Tresspass

A
  1. A and V
  2. Belongs to another
  3. No permission
  4. Consequence is not valid
  5. Intent to enter or stay on land
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13
Q

Conversion

A
  1. A and V
  2. Intent to Control or have dominion
  3. Complete Destruction
  4. Plaintiff owns property
  5. Cash is only way to repay value
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14
Q

Trespass to Chattels

A
  1. A & V
  2. Intent to control or have dominion
  3. Partial Destruction or minor damages (can still be used)
  4. Plaintiff owns, and used without permission
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15
Q

Fraudulent Misrepresentation

A
  1. A and V
  2. Material facts (important to decision)
  3. Knows the facts are false
  4. Intent to create reliance on misrepresentation
  5. Plaintiff relied, reliance is justifiable
  6. Damages were caused from reliance
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16
Q

Defamation (Public Person + Public Concern)

A
  1. A and V
  2. Harms reputation
  3. Concerns Plaintiff
  4. Was FALSE
  5. Defendant Acted with malice or recklessness
  6. need to prove they are NOT a public person
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17
Q

Public person

A

What The reasonable person would define as

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18
Q

Publication

A

telling 1+ person

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19
Q

Defamation (Private Person, Private Concern)

A
  1. A and V
  2. Harms reputation
  3. Concerns Plaintiff
  4. Plaintiff was harmed
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20
Q

Libel

A

Defamation through writing

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21
Q

Slander

A

Defamation through oral publication

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22
Q

Misappropriation

A
  1. A, V, Intent to use Identity
  2. Someone used name, voice or figure for marketing
  3. No permission
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23
Q

Intrusion

A
  1. A and V
  2. Intent to intrude on plaintiff private affairs
  3. Unreasonable and Improper means
  4. Confidential information was obtained
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24
Q

Public Disclosure of Private Facts

A
  1. A and V
  2. Intent to release disclosed information
  3. Concerns Plaintiff
  4. Reasonable person would not want publicized
  5. Publicized to wide audience
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25
Q

False Light

A
  1. A and V
  2. Intentionally Published
  3. Wide Audience
  4. Place Plaintiff in light that is highly offensive
  5. Defendant had knowledge of falsity or acted with recklessness
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26
Q

Respondent Superior

A

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

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27
Q

Consent in Fact

A

Looked for permission and recieved it

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28
Q

Implied in Fact Consent

A

Agreed upon without saying you agree through act

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29
Q

Implied in Law Consent

A

Consent is imposed and un-spokenly agreed upon
Ex: paramedics resuscitate you

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30
Q

Informed Consent

A

People who have more information than you must be more transparent |
Ex: surgery

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31
Q

Emergency Privilege

A

If somebody saved you, cannot be sued

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32
Q

Good Samaritan Law

A

Provide protection against those who voluntarily helped injured

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33
Q

Self Defense (without deadly force)

A
  • did not reasonable believe you will die
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34
Q

Self Defense (with deadly force)

A
  • ## Reasonably believed you will die if you didnt protect yourself
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35
Q

Defense of Others

A
  • Defending another person
  • Whatever defense you perform against another must be equal to what they are capable of doing
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36
Q

Defense of Property

A

Self defense without deadly force is NEVER allowed to protect property, maybe can use physical force

37
Q

Private Necessity

A

Performed tort but it was necessary to save yourself death
Ex: broke into cabin in the woods and ate the food

38
Q

Public Necessity

A

Tort was committed to help the public,

39
Q

Negligence

A

Failure to acknowledge the safety of person, their property, where failure caused injury or damage

40
Q

Negligence Elements

A
  1. Duty
  2. Breach
  3. Actual Cause
  4. Proximate Cause
  5. Harm was done
41
Q

Duty

A

Everyone has duty to act reasonably
- Professionals have higher
- Incapacitated, minors, etc have lower

42
Q

Breach

A

Not performing reasonable duty

43
Q

Actual Cause

A

Were you the roof of the cause?

44
Q

Proximate Cause

A

The act that created harmed within the vincinity, foreseeable

“Could have __ potentially caused __”

45
Q

Tresspasser Exception

A
  • Duty of reasonable care towards trespassers
  • Must always warn of concealed traps
  • Landowners owe duty of reasonability
46
Q

Strict Liability

A

Person is automatically liable to injuries they cased (even if they did not act with intent or not negligent)

47
Q

Wild Animals

A

held under strict liability that are not domesticated

47
Q

Domesticated Animals

A

Usually not held under strict liability, unless owner was aware animals behavior has been dangerous (One bite rule)

48
Q

Abnormally Dangerous

A

Unheard of and unusually dangerous (not severe, but unpredictable)

49
Q

Duty of Rescuers

A
  • 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
50
Q

Comparative Negligence (Pure)

A

What percentage should responsibility be assigned and reflected at monetary damage

51
Q

Comparative Negligence (50% Rule)

A

If plaintiff is found more than 50% responsible, they get nothing

52
Q

Contributory Negligence

A

If plaintiff is found any percentage negligence they get nothing

53
Q

Waiver

A

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

54
Q

Implied Assumption of Risk

A

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

55
Q

Contracts

A

Agreement between parties
1. Offer
2. Acceptance
3. Consideration

56
Q

Acceptance

A

Offer is either denied or invited

57
Q

Rejection

A

destroys offer

58
Q

lapse

A

Acceptance must be made within a reasonable timeframe

59
Q

Death of Incapacity

A

prevents the formation of a contract

60
Q

Counteroffer

A

Acts as a rejection, but then follows by an immediate new offer

60
Q

Revocation

A

Can take back an offer any time BEFORE acceptance

61
Q

Option Contract

A

Have specific amount of time to make a decision about what you want to do (Ex: stock options)

61
Q

Consideration

A
  1. Bargained For exchange
  2. Legal Value
  3. Mutual Obligations
62
Q

Promissory Estopped

A
  1. Clear and definie promise
  2. Reliance on promise
  3. Reliance was justified to reasonable person
  4. Failure to enforce the promise
63
Q

Contract Issues (Hierarchy)

A

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)

64
Q

Material Changes

A

Major change to the contract that affects the core purpose of it (price, quantity, etc)

65
Q

Immaterial Changes

A

Minor changes to the contracts that do not effect (spelling, etc)

66
Q

Statue of Fraud

A

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

67
Q

Tortious Interference of Contracts

A
  1. Trying to get someone to breach contract
  2. Existence of a Valid contract
  3. Knowledge of existing contract
  4. Intentional Efforts to breach
  5. Actual breach and harm done
68
Q

Anticipatory Breach

A

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)

69
Q

Mutual Mistake

A

Both parties were wrong abt material fact of contract

70
Q

Unilateral Mistake

A

One party made mistake, must be innocent,

71
Q

Illegality

A

If contract encourages illeal act - do not need to perform

72
Q

Frustration of Purpose

A

Unexpected event thats vital to contract changes (kid and clown example)

73
Q

Impracticability

A

Impractical for the contract to be fullfilled (Ex: Beyonce is sick and cannot perform contract)

74
Q

Impossibility

A

Impossible for the contract to be fulfilled (Ex: Beyonce Dies and cannot perform)

75
Q

Unclean Hands

A

If a party acts unfaithful or committed a tort against contract, you don’t need to perform obligation

76
Q

Laches

A

Unreasonable Delay in being able to fullfil the contract

77
Q

Unconsiousability

A

Contract was so crazy and wild that it becomes invalid

78
Q

Actual Damages

A

Actual costs resulted directly from the breach of contract

79
Q

Liquidated Damages

A

Specific, predetermined amount paid if the contract was breached

79
Q

Punitive Damages

A

Additional Compensation that will need to be paid on top of actual damages

79
Q

Benefit for Bargain Damages

A

Giving the party what was actually apart of the contract

80
Q

Restitution

A

Compesating plaintiff for unjust or wrong done

80
Q

Nominal Damages

A

Small Amount of money awarded to recognize legal wrong

81
Q

Specific Perfomance

A

Court ordering a party to complete a specificjob

82
Q

Legal Fees and Cost

A

expenses associated with lawyers costs, and court costs

83
Q

Injunctive Relief

A

Court order to refrain a party to do something

Fall 2024 (4 decks)

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