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Legal Business 1 > Ch 10 > Flashcards

Ch 10 Flashcards

0
Q

3 main categories of torts

A

1 intentional torts

2 negligence torts

3 strict liability torts

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1
Q

Tortfeasor

A

One who commits a tort

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2
Q

Intentional torts

A

Involve deliberate actions that cause injury

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3
Q

Negligence torts

A

Involve injury following failure to use reasonable care

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4
Q

Strict liability torts

A

Impose legal responsibility for injury even though neither

Intentionally nor negligently causes injury

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5
Q

Intent

A

Desire to bring about certain results

Results that are substantially likely to result from an action

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6
Q

Battery

A

Employers who knowingly exposed employees to toxic substances without warning them of the dangers

These injuries were substantially likely to result from
Failure to warn

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7
Q

9 types of intentional torts

A 
1 assault and battery
2 intentional infliction of mental distress
3 invasion of privacy
4 false imprisonment and malicious prosecution
5 trespass
6 conversion
7 defamation
8 fraud
9 common law business torts
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8
Q

Apprehension

A

Expectation that one is about to be physically injured

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9
Q

Assault

A

Pacing of another in immediate apprehension for his or

Her physical safety

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10
Q

Battery: definition

A

Illegal touching of another

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11
Q

Example of both battery and assault

A

Store manager who unpleasantly threatens a customer with a wrench is guilty of assault

Actually hits them with the wrench is guilty of battery

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12
Q

Intentional infliction of mental distress

A

Battery to emotions

Arises from outrageous, intentional conduct that carries
Strong probability of causing mental distress to person
Whom directed at

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13
Q

Intentional infliction of mental distress, 2 most common examples

A

Employees who’ve been discriminated against or fired

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14
Q

Intentional infliction of mental distress: 2 symptoms that show it

A

Sleeplessness and headaches

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15
Q

Intentional infliction of mental distress: business world example

A

Creditors calling their debtors to extract payment in

Frequent, abusive, threatening phone calls

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16
Q

Invasion of privacy, most common invasion of privacy

A

1 using plaintiffs name or likeness for own use (ex. Marketers
Required to pay damages to individuals when pictures
Of them are used without authorization)

Advertiser must obtain proper release from person to avoid liability

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17
Q

Invasion of privacy: defendant’s intrusion of plaintiff’s physical solitude 4 examples

A

1) illegal searches
2 invasions of home/possessions
3 illegal wire tapping
4 unwanted telephoning

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18
Q

Invasion of privacy: defendant’s public disclosure of highly objectionable information about plaintiff example

A

Publishing facts that plaintiff doesn’t pay debts even if info
Is true, is damaging to plaintiffs reputation creating liability

Communicating the same facts to a credit reporting
Agency is not seen as a liability

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19
Q

False imprisonment, define, when is it most commonly used?

A

Intentional unjustified confinement of nonconsenting person

Most commonly used for shoplifting

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20
Q

Malicious prosecution

A

False arrest

Someone to be arrested criminally without proper grounds

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21
Q

Trespass, define, examples

A

Enter another’s land without consent or remain there after
Being asked to leave

Ex. Union pickets walking on company property, customers leaving store after being asked to do so

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22
Q

Conversion

A

Wrongful exercise of dominion (power) + control over
Personal (non land) resources that belong to another

Ex. Stealing from an employer, purchasing something
That’s been stolen, failing to return something at the
Designated time, destruction/alteration of what belongs
To others, delivering something to the wrong party

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23
Q

Defamation

A

Publication of untrue statements about another that hold
Up that individual’s character or reputation to contempt
Or ridicule

24
Q

Slander

A

Oral defamation

25
Q

Libel

A

Written defamation or defamation published over radio

Or television

26
Q

Who can sue for defamation?

A

Individuals and corporations

27
Q

Defamation and the first amendment

A

News media can only be sue for knowly printing false

statements (malice) or being reckless

28
Q

Fraud

A

Intentional misrepresentation of material fact that’s justifiably
Relied upon by someone to his or her injury

29
Q

Common business frauds

A

Involve intentional misrepresentation of property or financial
Status

Lying about assets or liabilities to get credit/loan

30
Q

Failure to disclose

A

Fraud where defendant is under legal duty to disclose fact

Ex. Defendant seller knows foundations of house are weakened by termites and must disclose this to buyer

31
Q

When a tort is a crime

A

Intentionally harm others

32
Q

Fraud and corporate governance

A

When publically traded companies distort their financial
Statements it harms investors

Investors pay higher prices for stock, that corporate officers
Get out of

33
Q

Common law business torts: injurious falsehood AKA trade disparagement

A

Publication of untrue statements that disparate business
Owner’s product or it’s quality

In disparagement cases plaintiff must establish falsity of
Defendant’s statements and show actual damages arising
From untrue statements

34
Q

Common law business torts: intentional interference with contractual relations

A

One company raids another for employees

35
Q

Negligence

A

Unreasonable behavior that causes injury

36
Q

5 elements of negligence

A

1 existence of duty of care owed by defendant to plaintiff
2 unreasonable behavior by defendant that breaches duty
3 causation in fact
4 proximate causation
5 an actual injury

37
Q

Duty, duty to take action

A

Critical element of negligence tort

Special duty relationship of Owing person reasonable care

Ex. Business renting surfboards at the beach would be liable for renting board to a customer who was attacked by a shark if it knew the shark was nearby and failed to warn the customer

38
Q

Malpractice

A

Negligence of professionals

39
Q

Willful and wanton negligence

A

Special type of aggravated negligence where defendant
Shows extreme lack of due care

Ex. Injuries inflicted by drunk drivers

40
Q

Cause in fact

A

In negligence suit the plaintiff must prove that the defendant
Actually caused the injury

41
Q

Proximate cause AKA Legal cause

A

Proposition that those engaged in activity are legally liable
Only for foreseeable risk that they cause

Ex. BP promised to pay $20 billion but only paid 1/5th of it, claimants are having trouble showing that a falloff in business miles inland is directly caused by oil spill instead of poor business practice

42
Q

Affirmative defenses

A

Defendant must raise these defenses to take advantage
Of them

Must be raised in defenses to negligence

43
Q

2 principal defenses to an allegation of negligence

A

1 contributory negligence

2 assumption of risk

44
Q

Contributory negligence defense

A 
Absolutely barred the plaintiff from recovery if plaintiff's 
Own fault (even slightly) contributed to injury
45
Q

Comparative responsibility AKA Comparative negligence AKA Comparative fault

A

Doesn’t bar recovery

Compares plaintiff’s fault with defendant’s and reduces
The damage award proportionately

46
Q

Assumption-of risk defense

A

Arises from plaintiff’s knowing and willing undertaking of
Activity made dangerous from negligence of another

Ex. Getting struck by hockey puck at hockey games, owners of hockey team have successfully used this defense

47
Q

Strict products liability

A

For commercial sale of defective products sold by retail,
Whole sale or manufacturing seller

Relates to unreasonably dangerous defect product that
Causes injury

Ex. Defective brakes, cause injury in car accident

48
Q

Strict products liability: 2 kinds of defects

A

1 production defects

2 design defects

49
Q

Production defects

A

Arise when products aren’t manufactured to manufacturers
Own standards

Ex. Defective brakes on a new car, clam chowder where a diner found a condom

50
Q

Design defects

A

When product is manufactured to manufacturer’s standards,

But product injures user due to its unsafe design

51
Q

State of the art

A

Prevailing industry standards at time of product manufacture

52
Q

Statute of repose

A

Period following product of sale after which plaintiffs would
Lose their rights to bring suits to product-related injuries

53
Q

Ultra hazardous activity

A

Transporting and using explosives, poisons, keeping

Dangerous wild animals, keeping large volumes of liquids

54
Q

Dram shop acts

A

Injuries to third parties of business owners caused by

Intoxicated patrons

55
Q

Common carriers, transportation companies licensed to serve the public are also…

A

Strictly liable for damage to goods carried by them

56
Q

6 types Compensatory damages that follow for injury

A 
1 past and future medical expenses
2 past and future economic loss (including property damage
Loss of earning power)
3 past and future pain and suffering 
4 loss of limb
5 ruined marriage
6 mental distress
57
Q

Punitive damages AKA Exemplary damages

A

Arise from intentional torts or extreme willful and wanton negligence

Motive must be malicious, fraudulent or evil

Legal Business 1 (25 decks)

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