CH 7 Flashcards
Intentional torts are when the wrongdoer intends to impinge upon a protected interest and knew (or should have known) the resulting consequences (injuries)
Intentional torts are when the wrongdoer intends to impinge upon a protected interest and knew (or should have known) the resulting consequences (injuries)
Know what scienter means in fraud
The Defendant knew the information they were giving the Plaintiff was false
If the Plaintiff knew the information given them by the defendant was false, Plaintiff will lose on the fraud claim
If the Plaintiff knew the information given them by the defendant was false, Plaintiff will lose on the fraud claim
Siavage v. Gandy holds that anyone, including a lawyer, can be liable for fraud if they participate in the fraud
Siavage could be sued being a lawyer does not excuse participation in fraud
Only the parties that were directly involved in the fraud can sue for fraud
Only the parties that were directly involved in the fraud can sue for fraud
Misrepresentation can be either negligent or intentional
Misrepresentation can be either negligent or intentional
Intentional Interference with Contractual Relations is wrongful interference in a contact between the Plaintiff and another party by the defendant
Intentional Interference with Contractual Relations is wrongful interference in a contact between the Plaintiff and another party by the defendant
Know that the Techno Lite, Inc v. EMCOD, LLC court said employees violating a promise not to complete
Techno could sue for fraud for the broken promise not to compete
Know what MacPherson v. Buick requires manufacturers to do with their finishes products
Put the finishes products on the market without subjecting the component parts to ordinary and simple tests
Know express warranty
When the manufacturer provides performance promises to the consumer so they are part of the contract for sale
Express warranty: How it works with strict liability in product liability
Strict liability based on an express warranty does not require that injured consumers have purchased the product directly from the manufacturer
In Modern Strict Liability law, manufacturers and retailers are still liable even if the product was not purchased directly from them
In Modern Strict Liability law, manufacturers and retailers are still liable even if the product was not purchased directly from them
Know what Baxter v. Ford Motor said about advertisements and express warranties
Fords liability was based on misrepresentation and advertisement
Know what Greenman v. Yuba Power Prodcut says about manufacturers of defective product
Strict liability should be applied to manufacturer of defective products
Know what the court in Parish v. ICON said about when manufacturers are not liable for injuries suffered from their products
Warning provided by the manufacture were adequate
Know what Shih v. Starbuck Corp. says about liability for unforeseeable used of a company’s product
Starbuck was not liable because the buyer spilled the drink when attempt to sip in an unforeseeable manner
Know what joint and several liability in product liability is
Manufacturers are allowed to fight it out among themselves as to which should pay the damages if they are sued for a defective product
Know what the open and obvious doctrine is
Elements of Fraud
Made with knowledge of its falsity
Reasonable reliance
