Chapter 1 Commercial Liability Flashcards
Rule of Precedent
Current court decisions must follow those cases before of similar circumstance
2 divisions of the legal system
Criminal Law
Civil Law
Courts may award for which 2 main types of damages
Compensatory damages - compensate injured party of bodily injury or property damage
General damages - pain and suffering, humiliation, embarrassment Ect
Special Damages
Out of pocket expenses
Criminal wrong
One who is harmful to the state
Ex; impaired driving , murder
Civil Law
law concerned with the civil rights and remedies
2 types of Civil law
Tort law: enables victims to obtain compensation from those who caused it
Contract law: failure without legal excuse to preform whole or part of a contract
2 types of law that fall under both criminal and civil matters
Common law: main body of law
Statute law
Measure of loss for property damage is:
The difference between value of tangible property before and after damage
Actual loss incurred as a result of loss of use of tangible property
Exemplary or Punitive damages
Award is to punish for their behavior and make an example of them
Nominal damages
When there is no substantial loss or injury but the courts award a nominal sum validating a tort had happened
Negligence falls under which type of law
Common Law
Negligence must be proven
Remedies the court may enforce for a breach of contract
Provide payment of damages
Enforce specific performance of a contract
Grant an injunction prohibiting party from performing certain acts
Permit rescission of the contract
What 3 conditions must exist to prove negligence
Defendant owed a duty of care
Duty of care was breached as result of defendants negligence
Plaintiff suffered damages as a result of defendants negligence
Strict Liability
Based on assumption certain activities are so hazardous presumed to be legally liable
EX
Lighting fires
Operating an aircraft
Keeping dangerous things on premise
Occupier
not dependent ownership of property but has control of the property