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Legal Studies > Chapter 5: Business Torts > Flashcards

Chapter 5: Business Torts Flashcards

1
Q

Law of Torts

A

Seeks to reimburse an individual who suffers a loss because of the dangerous or unreasonable conduct of others

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2
Q

Negligence

A

Failure to do what a reasonable person would do under the circumstances

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3
Q

What are the 4 elements of negligence?

A

Duty Owed/Duty of Care, Breach of Duty, Proximate Cause, Damages

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4
Q

Duty Owed/Duty of Care

A

Must act as a reasonable person under the circumstances; Ex: Standard of care of driver held to avg. driver

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5
Q

Give an example where duty is not owed

A

Driver has a heart attack and runs over 30 people; Duty not owed because it was an act of God

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6
Q

Duty of Children

A

Child is held to the standard of care of a child of similar age, intelligence, and experience

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7
Q

0-7 Age Duty

A

Child can do no wrong

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8
Q

7-14 Age Duty

A

Child is not negligent, but you can overcome that presumption by showing a child that age should know better; Parents/Family covered by insurance

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9
Q

14-18

A

Child can be negligent

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10
Q

What is the exception for duty of children?

A

Child engaging in adult activity; Driving a boat, car, plane

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11
Q

Is the parent liable for a 5 year old?

A

No

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12
Q

Negligent Entrustment

A

Liability that arises against a person who lends a car to an incompetent driver; Makes lender responsible for actions of drive; Ex: Giving keys to drunk person/person w/o license

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13
Q

Liability of Parents

A

Parent if not liable unless agency relationship exists or parent is negligent

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14
Q

Agency Relationship

A

Child is running errand for parent; Negligent if parent leaves gun out and child shoots someone

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15
Q

Malpractice

A

Negligence against a professional; Ex: Doctor, Accountant, Lawyer, Teacher

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16
Q

Do you owe a duty to save a person who is drowning?

A

You don’t owe a legal duty, but you owe an ethical one

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17
Q

Special Relationship

A

Requires a person to help; Ex: Husband/Wife, Parent/Child; Employer/Employee, Business/Patron

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18
Q

Does a Doctor owe a legal duty to help outside of work?

A

No

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19
Q

Good Samaritan Statue

A

If you are medically trained and render emergency help, you will only be liable for gross misconduct; Does not apply to average person

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20
Q

What happens if you find a person unconscious in the car?

A

Can’t move a person and hurt them unless the car is about to go up in flames

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21
Q

Duty Owed by Volunteer

A

Assume the duty to act as a reasonable person under circumstances

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22
Q

Automated External Defibrillator (AED)

A

External device that lets anybody help shock someone’s heart back into rhythm; Computer tells you when to hit button

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23
Q

Atcoviz v. Gulf Mills

A

No duty on a business to acquire and use an AED on premises; No duty of care was owed

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24
Q

AED Good Samaritan Act

A

People who are untrained have immunity who in good faith use an AED in an emergency

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25
Q

Duty of Land Owner: Person jumps fence and drowns in pool

A

Pool owner is not liable because neighbor was a trespasser and did not have the right to be in the pool

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26
Q

Duty of Land Owner: Person jumps fence and is killed by Piranha placed as protection in pool

A

Pool owner is liable for neighbor because used willful misconduct to protect property

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27
Q

Trespasser

A

One who comes upon the property of another without permission or legal right

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28
Q

What is the duty owed to a trespasser?

A

Must not injure through willful or wanton misconduct (Katco v. Briney)

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29
Q

Licensee

A

Person who comes upon the land with permission (social guest/friend)

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30
Q

What is the duty owed to a licensee?

A

Liable for known defect which guest is not liable to discover; No duty to inspect

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31
Q

Are you liable if a burglar falls down your missing steps?

A

Not liable because burglar is a trespasser

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32
Q

Are you liable if a friend falls down your missing steps?

A

Liable because person is a licensee and you should have warned them about something you knew

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33
Q

Are you liable if a friend sneaks up to attic and falls through?

A

Not liable because person becomes a trespasser when they enter into attic without permission

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34
Q

Are you liable if a person walking along the raised sidewalk falls outside of your house?

A

Liable because home owner should have known through the years that the sidewalk was a hazard

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35
Q

Business Visitor

A

Person who enters property for a business purpose

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36
Q

What is the duty owed to a business visitor?

A

Liable for know defect which invitee is not liable to discover; Duty to inspect property before

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37
Q

Is a store liable if a child spills milk and somebody slips and injures themselves?

A

Depends on whether the spill was wet, stick, dried, or had track marks; Stores have employees inspect/sign to protect selves

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38
Q

Is a bar liable for selling liquor to a visibly intoxicated patron?

A

Liable because it is willful and wanton misconduct; Intoxicated person creates risk to self and others

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39
Q

Breach of Duty

A

Decide whether a reasonable person did what they were supposed to do in that situation

40
Q

Proximate Cause

A

Must be a reasonable connection between the negligent conduct of the defendant and the harm suffered by the plaintiff

41
Q

Example of Proximate Cause

A

guy gets rear ended and hits head on wheel; Negligence of person who hit him because they cause the injury

42
Q

Example where Proximate Cause does not apply

A

Drunk friends driving with other friend; Plane tire falls from air and crashes car killing passenger; Only airline is liable because the drunk driver technically wasn’t the cause of the accident, the plane was

43
Q

Pellman v. McDonalds

A

Suit alleging McDonald’s deceives children to eat product and causes obesity; Court said that other factors can cause obesity such as genetics and activity level

44
Q

Damages

A

Amount of money injured party receives as the result of improper conduct of the defendant

45
Q

What are the 4 types of compensatory damages?

A

Lost Wages (missed time of work), Medical Bills (injuries), Property Damage (wrecked car), Pain & Suffering (time suffered from aftermath of accident)

46
Q

How is the amount for Pain & Suffering determined?

A

Determined by severity of accident/injuries

47
Q

Punitive Damages

A

Sum of money may be awarded to punish the defendant as a result of outrageous conduct

48
Q

Liebeck v. McDonald’s

A

Coffee burns; Awarded punitive damages of millions to plaintiff because of outrageous conduct; Changed way coffee was given out

49
Q

Contributory Negligence

A

Failure of the plaintiff to act as a reasonable person under the circumstances; Ex: Plaintiff falls into hole left by Utility Repair company

50
Q

What happens if you find that the plaintiff is partially at fault for a contributory negligence case?

A

The plaintiff looses

51
Q

Which 4 jurisdictions follow contributory negligence?

A

AL, MD, NC, VA/DC

52
Q

Comparative Negligence

A

Plaintiff will will as long as his negligence is not greater than that of the defendant

53
Q

How is the amount awarded determined for a comparative negligence case?

A

Reduces verdict by amount plaintiff was negligent for; Ex: $10,000 case, 20% negligent, Plaintiff gets $8,000

54
Q

What happens if the case is 50/50?

A

Plaintiff still wins because his negligence is still not greater than the defendants

55
Q

Assumption of the Risk

A

When the plaintiff knowingly and voluntarily exposes himself to the risk; Ex: Jumping over manhole, football player, playing with alligator, person at a baseball game

56
Q

Imputed Negligence

A

Because of a special relationship, one can be held liable for another

57
Q

Example of Imputed Negligence

A

Septa Bus Drive rear ends car; Septa liable because they are employer

58
Q

Example where Imputed Negligence does not apply

A

Septa driver punches guy on road; Bus driver is liable; Septa not liable because the action in not related to the employment

59
Q

Independent Contractor

A

Person who contracts to do work on his or her own is not subjected to the control of the employer

60
Q

Example of Negligence with Independent Contractor

A

Person hires roofing company to fix house, roofer slips and injures self; Person not liable because they are technically not the employer of roofing company

61
Q

Liability of Parents

A

Parents typically not liable for torts of children unless parent directly at fault of agency

62
Q

What is PA’s law for the liability of parents?

A

Parents liable when no insurance available; $1,000 per person and $2,500 per incident if child commits tortuous act and someone is hurt

63
Q

Infliction of Emotional Distress

A

A person who, by outrageous conduct, cause severe emotional distress to another is liable

64
Q

Examples of Emotional Distress

A

Debt Collector/Parent/Child in accident; Finger in Coke bottle, Rat in chicken sandwich

65
Q

Battery

A

Intentional touching of the body of another or an object closely associated with the body in a harmful or offensive manner

66
Q

Example of Battery

A

Punching, kissing, slapping someone’s butt, Pitcher purposely throwing baseball at head

67
Q

What is an object closely associated with the body?

A

Car, clothing, accessory, clown & balloons, road rage, Woman getting uterus branded

68
Q

Is it considered battery if a football player tackles QB and breaks his shoulder?

A

Not battery because it is part of the game; Person engaging in game consents to unusual touches

69
Q

Is it considered battery if a boxer gives another boxer a brain injury?

A

Not battery; If they bite the ear, it is considered battery

70
Q

Is it considered battery if a hockey player knocks out another player’s teeth?

A

Not battery because fighting is part of the game

71
Q

What happens if a fan throws their beer on the players and the players whack the fans with their sticks?

A

Players on Bruins arrested for battery

72
Q

Andrews v. Peters

A

Co-worker taps knee and other worker breaks it; Doesn’t matter that the result was unintended, battery took place and the person is liable for the result

73
Q

Assault

A

Act intended to put another in fear of an immediate battery (uses threats); Usually put together with battery

74
Q

Give an example when assault is separate from battery?

A

Pulling out gun and hitting trigger but gun is unloaded

75
Q

Invasion of Privacy

A

Law guarantees that we have the right to be left alone

76
Q

Examples of Invasion of Privacy

A

Someone keeps calling you during night; Boy taking/distributing pictures of naked woman; Breached birth pictures; Penn students having sex in open window

77
Q

Electronic Communications Privacy Act

A

Employer may monitor e-mail if it occurs in the ordinary course of business or with employee’s express/implied consent

78
Q

Defamation

A

False statement which harms the reputation of another or lowers his or her reputation in the community

79
Q

Example of Defamation

A

Teacher announces to class that the student keeps leaving to go shoot up in the bathroom

80
Q

Libel

A

Putting it in writing

81
Q

Slander

A

Saying it orally

82
Q

What must happen for it to be considered defamation

A

Must have publication; Have to tell the lie to a third person

83
Q

What is a defense for defamation?

A

What being said is an opinion or the truth

84
Q

Does an employer have any liability for providing a former employee with a poor job reference?

A

Employers who give a fair and unbiased reference to a prior employee’s work performance is presumed to have acted in good faith and is immune from suit

85
Q

Can you defame a large group? (Oprah and Mad Cow Disease)

A

Court said there was no way to identify individuals of the group and none of the 740 members were mentioned by name

86
Q

False Imprisonment

A

Unlawful detention of a person against his or her will

87
Q

Examples of False Imprisonment

A

Cop arresting man for ill reasoning; Teacher prevents students from leaving classroom; Little boy locked in school closet overnight

88
Q

McDonald’s v. Ogborn

A

Hoax phone call making employee strip down and do embarrassing acts; Woman sued and own money because McDonald’s knew people were making fake phone calls, never passed on info, and didn’t protect employee

89
Q

Interference with a Contract

A

Cause of action stabilizes business relationships, since a party who wrongfully interferes with an existing contract or future business opportunity may face damages

90
Q

Elements of Interference with a Contract

A

Must be an enforceable contract; defendant’s awareness of contract; Intentional inducement to breach contract; Wrongful interference by the defendant to breach agreement; Actual damages

91
Q

Can Philly sue Lady Gaga if she backs out of concert to do one in NYC for more money?

A

Yes, they can sue because she meets the elements of interference

92
Q

Did Matt Rhule breach his contract with Temple since he signed an extension?

A

Not a breach because he had a buyout option

93
Q

Products Liability

A

One who sells a defective product is liable; merchant becomes insurer of product’s safety

94
Q

Can you sue a car company if your brakes fail after it was inspected several times?

A

Can’t sue for negligence but can sue for products liability; reasonable inspections are not relevant;

95
Q

Case of Woman microwaving cat to dry it

A

Won case on basis of failure to warn of dangers was a defect

96
Q

Case of Man suing after getting injured by lawn mower

A

Won case because company neglected to warn of dangers

97
Q

What is a defense for product liability?

A

You must use the product for its intended use without a material alteration

Legal Studies (10 decks)

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