Chapter 4 Flashcards

1
Q

Requirements for Fraudulent Misrepresentation (FRAUD)

A
  1. Misrepresentation of a material fact
  2. intent to deceive
  3. innocent party relies on the deception
  4. injury or loss
  5. misrepresentation is the cause of the loss
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2
Q

Defemation

A

When someone says something publicly to go against someone’s good reputation!

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3
Q

Wrongful interference in contract or bus. relationship

A

If there is a valid contract or business relationship and another business trys to intervene to mess that up

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4
Q

Puffery

A

an exaggerated description of a good or service

LEGAL

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5
Q

Types of disparagement of property

A

SLANDER OF QUALITY - deals with untrue publication about product alleging it is not what seller claims

SLANDER OF TITLE- publication denies ownership

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6
Q

Conversion

A

Stealing property

even if sold the buyer has committed CONVERSION

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7
Q

Duty of care that business has

A

A business’s duty of care is a legal obligation to protect the health, safety, and wellbeing of its employees and clients=

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8
Q

Requirements of Negligence

A
  1. Duty of Care
  2. Breach of that duty
  3. Cause of injury
  4. Injury
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9
Q

Product Liability

A

Manufacturers and sellers are liable for physical harm or property damage caused by goods

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10
Q

Who is liable to whom in a product liability case

A

The producer of the product

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11
Q

Defenses to a product liability case

A
  1. Assumption of risk
  2. Product Misuse
    3.Comparative Negligence
    4.Commonly known dangers
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12
Q

Strict Liability

A

Liability for product defects occurring in manufacture, design, or warnings

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