Business Law Ch 5,6,7,8

Question 1

What is the definition of assault?

Answer 1

Assault occurs when one person intentionally creates a reasonable fear in another person of imminent harmful or offensive contact.

No physical contact is required for assault; the key is the threat of harm.

Question 2

What are the important elements of assault?

Answer 2

• No physical contact is required
• The fear must be immediate and reasonable
• Defenses: Consent, self-defense, or defense of others

Question 3

What is the definition of battery?

Answer 3

Battery is the intentional and offensive physical contact with another person without their consent.

Physical contact is required, but the victim does not need to be injured.

Question 4

What are the important elements of battery?

Answer 4

• Physical contact is required
• It must be offensive (not just harmful)
• Defenses: Consent, self-defense, and defense of others

Question 5

What is transfer intent?

Answer 5

Transfer intent occurs when the intent to harm one person is transferred to another person or object.

If you intend to harm Person A but accidentally harm Person B, the intent is transferred to Person B.

Question 6

What is the definition of defamation?

Answer 6

Defamation occurs when someone makes a false statement about another person that harms their reputation.

Can be slander (spoken) or libel (written or broadcast).

Question 7

What are the important elements of defamation?

Answer 7

• The statement must be false
• The person making the statement must act negligently or with actual malice (for public figures)
• Defenses: Truth, consent, and privileged communications

Question 8

What is the definition of intentional infliction of emotional distress (IIED)?

Answer 8

IIED occurs when one person intentionally or recklessly causes another person to suffer severe emotional distress through extreme or outrageous conduct.

Question 9

What are the important elements of IIED?

Answer 9

• The conduct must be outrageous or extreme
• The victim must show that they suffered severe emotional distress
• Defenses: First Amendment rights, consent

Question 10

What is the definition of disparagement?

Answer 10

Disparagement (or product defamation) involves false statements that harm the reputation of a business or product.

Question 11

What are the important elements of disparagement?

Answer 11

• Unlike defamation, it targets business reputation
• The statement must be false and cause economic harm
• Defenses: Truth, opinion, or privilege

Question 12

What is the definition of duty of care?

Answer 12

Duty of care is the legal obligation to avoid causing harm to others through your actions or omissions.

Question 13

What are the important elements of duty of care?

Answer 13

• A person owes a duty of care to others to prevent harm in foreseeable situations
• The standard of care depends on the context

Question 14

What is the definition of foreseeability?

Answer 14

Foreseeability refers to whether a reasonable person could predict that their actions could result in harm to another person.

Question 15

How does foreseeability relate to negligence?

Answer 15

It’s a key element in determining whether a defendant’s actions were negligent. If harm was foreseeable, the defendant may be liable for negligence.

Question 16

What is the definition of professional malpractice?

Answer 16

Professional malpractice occurs when a professional (doctor, lawyer, etc.) fails to meet the accepted standard of care in their field, resulting in harm to a client or patient.

Question 17

What are the important elements of professional malpractice?

Answer 17

• The standard of care is determined by what a reasonably prudent professional would do
• A professional must have specialized knowledge or skill

Question 18

What is the definition of the Good Samaritan Law?

Answer 18

Good Samaritan laws protect individuals from liability when they voluntarily assist someone who is injured or in danger, as long as their actions are not grossly negligent.

Question 19

What are the important elements of Good Samaritan Laws?

Answer 19

• Protection from liability applies if acting in good faith and without compensation
• Varies by jurisdiction; does not cover gross negligence or willful misconduct

Question 20

What is the definition of assumption of the risk?

Answer 20

Assumption of the risk is a legal doctrine where a person may not sue for injuries resulting from risks they knowingly and voluntarily accepted.

Question 21

What are the important elements of assumption of the risk?

Answer 21

• Applies in situations with inherent risks (e.g., contact sports)
• Can be express (signed waiver) or implied (participating in the activity)

Question 22

What is the definition of contributory negligence?

Answer 22

Contributory negligence is a defense in negligence cases where the plaintiff’s own negligence contributed to the harm.

Question 23

What is the definition of comparative fault?

Answer 23

Comparative fault is a defense in negligence cases where the plaintiff’s damages are reduced in proportion to their share of fault.

Question 24

What is strict liability?

Answer 24

Strict liability holds a person or company responsible for harm caused by their activities, regardless of fault or intent.

Question 25

What are the important elements of strict liability?

Answer 25

* Applies to ultrahazardous activities or defective products * No need to prove negligence; focus is on the dangerous activity or defect

Question 26

What is the definition of punitive damages?

Answer 26

Punitive damages are awarded to punish a defendant for egregious or willful misconduct and to deter others from similar actions.

Question 27

What are the important elements of punitive damages?

Answer 27

* Awarded above compensatory damages * Often in cases of gross negligence or intentional harm * Not awarded in every case

Question 28

What is the definition of failure to warn?

Answer 28

Failure to warn refers to a manufacturer’s responsibility to provide adequate warnings about the risks associated with their products.

Question 29

What are the important elements of failure to warn?

Answer 29

* Manufacturers must warn consumers of potential hazards * Failure may result in product liability claims

Question 30

What is the definition of failure to provide adequate instructions?

Answer 30

Failure to provide adequate instructions involves a manufacturer’s failure to provide clear instructions for the safe use of their products.

Question 31

What are the important elements of failure to provide adequate instructions?

Answer 31

* Clear instructions are necessary to prevent improper use or accidents * Failure can result in product liability claims

Question 32

What is the definition of a supervening event?

Answer 32

A supervening event is an unforeseeable event that breaks the chain of causation between a defendant’s actions and the plaintiff's injury.

Question 33

What is the statute of limitations?

Answer 33

The statute of limitations sets the maximum time after an event within which a person can bring a legal action.

Question 34

What are the important elements of the statute of limitations?

Answer 34

* Time limits vary by type of case and jurisdiction * If the time limit expires, the plaintiff cannot sue

Question 35

What is the definition of the statute of repose?

Answer 35

The statute of repose limits the time within which a lawsuit can be filed, regardless of when the injury occurred.

Question 36

What are the important elements of the statute of repose?

Answer 36

* Typically applies to product liability and construction claims * Sets a hard limit for when claims can be made

Question 37

What is the definition of reverse engineering?

Answer 37

Reverse engineering is the process of deconstructing a product or technology to understand its design, functionality, or principles.

Question 38

What are the important aspects of reverse engineering?

Answer 38

* Legality varies by jurisdiction and purpose * Often used in software and technology industries * Can infringe on patents or trade secrets if done for commercial gain

Question 39

What is a patent?

Answer 39

A patent is a grant of exclusive rights by the government to an inventor for a new, useful, and non-obvious invention.

Question 40

What are the two types of patents?

Answer 40

* Utility patents (functional inventions) * Design patents (ornamental design of a functional item)

Question 41

What is the duration of utility and design patents?

Answer 41

* Utility patents last 20 years * Design patents last 15 years

Question 42

What is copyright?

Answer 42

Copyright is a form of protection for original works of authorship like books, music, art, and software.

Question 43

What are the important elements of copyright?

Answer 43

* The creator has exclusive rights to reproduce, distribute, and display their work * Duration: Life of the author plus 70 years * Fair use allows limited copying for educational or commentary purposes

Question 44

What is trademark dilution?

Answer 44

Trademark dilution occurs when a famous trademark’s distinctiveness or reputation is harmed by another’s use of a similar mark.

Question 45

What are the two types of trademark dilution?

Answer 45

* Dilution by blurring * Dilution by tarnishment

Question 46

What are the classifications of criminal offenses?

Answer 46

Criminal offenses are classified into three categories: felony, misdemeanor, and violation.

Question 47

What is the definition of a felony?

Answer 47

Felonies are serious criminal offenses typically carrying longer sentences (over a year in prison).

Question 48

What is the definition of a misdemeanor?

Answer 48

Misdemeanors are less serious offenses that can result in jail time (usually less than a year).

Question 49

What is the definition of a violation?

Answer 49

Violations are minor offenses that typically result in fines or less severe punishments.

Question 50

What is an arrest warrant?

Answer 50

An arrest warrant is a legal document issued by a judge that authorizes the police to arrest someone suspected of committing a crime.

Question 51

What must an arrest warrant be supported by?

Answer 51

Warrants must be supported by probable cause.