Business Law Quickie Flashcards
Define “Torts.” Discuss DEFMATION, including the elements necessary to prove a case, special problem with media complaints, and the unique defenses.
Tort is a wrongful act against a person or infringement of a right leading to civil legal liability
Defamation is the making and publishing of a false statement about the reputation, honesty or integrity of a person.
Media have Qualified Privilege if stories turn out to be false but acted without malice - Times v Sullivan
Unique Defences -
Consent: voluntary agreement by someone of age or mental capacity and whom Is not under duress, coercion and who usually has understanding
Truth: Absolute defence
Judicial and legislative proceedings: court witnesses and politicians when acting in good faith
Define “Remedies.” Discuss the types of legal and equitable remedies available in civil cases.
Remedies are the methods used to right the wrong alley in a civil litigation. Court order issued by judge to enforce, protect or redress grievance.
Legal remedies: nominal, compensatory, punitive, consequential
Equitable remedies: does not involve money - injunction, specific performance, declaratory relief
Define negligence and discuss the prima facie case of negligence
Negligence is a failure to act with reasonable care that would be used by an ordinary prudent person under similar circumstances, resulting in harm to a person or property of another
The prima facie case of negligence:
- Duty is the responsibility to others to act according to the law
- Breach of duty of care occurs when one fails to fulfil their duty of care to act responsibly as an ordinary prudent person in some manner
Causation - actual cause is the genuine cause of an accident - test is but for
Proximate Cause - legal cause of the injury or what the law recognises as the primary factor of the injury
Failure to act - nonfeasance (not acting) or malfeasance (acting but doing it badly)
Discuss Negligence per se and Res ipsa loquitor. Provide the elements for each.
Negligence per se - a standard that defines a reasonable prudent person - by its very nature
Res ipsa loquitor - the thing speaks for itself - negligence is presumed on the defendant since the object causing the injury was in or under hater control, inferring the breach of duty of care.
Elements
The injury is of the kind that does not ordinarily occur without negligence
The injury is caused by an agency or instrumentality within the exclusive control of the defendant
The injury-causing accident is not by any voluntary action or contribution on the part of the plaintiff
The defendants non-negligence explanation does not completely explain the plaintiffs injury
Define Product Liability and discuss the various types of cases.
Product liability is the responsibility of the manufacturer to ensure that their product is safe, if a malfunction results from poor design, labelling, construction then the victim has a legal right to seek compensation. Types of cases include design flaws, poor construction, food recalls, incorrect labelling or failure to warn
