Chapter 4 Flashcards
Requirements for Fraudulent Misrepresentation (FRAUD)
- Misrepresentation of a material fact
- intent to deceive
- innocent party relies on the deception
- injury or loss
- misrepresentation is the cause of the loss
Defemation
When someone says something publicly to go against someone’s good reputation!
Wrongful interference in contract or bus. relationship
If there is a valid contract or business relationship and another business trys to intervene to mess that up
Puffery
an exaggerated description of a good or service
LEGAL
Types of disparagement of property
SLANDER OF QUALITY - deals with untrue publication about product alleging it is not what seller claims
SLANDER OF TITLE- publication denies ownership
Conversion
Stealing property
even if sold the buyer has committed CONVERSION
Duty of care that business has
A business’s duty of care is a legal obligation to protect the health, safety, and wellbeing of its employees and clients=
Requirements of Negligence
- Duty of Care
- Breach of that duty
- Cause of injury
- Injury
Product Liability
Manufacturers and sellers are liable for physical harm or property damage caused by goods
Who is liable to whom in a product liability case
The producer of the product
Defenses to a product liability case
- Assumption of risk
- Product Misuse
3.Comparative Negligence
4.Commonly known dangers
Strict Liability
Liability for product defects occurring in manufacture, design, or warnings