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Business law I > Chapter 6 > Flashcards

Chapter 6 Flashcards

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1
Q

Tort

A

A civil wrong not from a breach of contract

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2
Q

Tort Law

A

Compensation for people who suffered due to someone else

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3
Q

Plaintiffs seek remedies in…

A

Tort actions

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4
Q

Damages

A

Monetary compensation

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5
Q

Compensatory Damages

A

Compensates injured party for actual losses

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6
Q

Special damages

A

Actual out of pocket (money) compensation

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7
Q

General Damages

A

Compensation for value of pain, suffering and emotional damage

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8
Q

Punitive Damages

A

Punishes wrongdoer for outrageous and shameful conduct

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9
Q

Gross Negligence

A

Intentional failure due to recklessness without care for the consequences

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10
Q

What are the 2 classifications of torts?

A

Intentional and unintentional

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11
Q

Intentional torts

A

Violations committed on purpose (fault plus intent)

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12
Q

Unintentional torts

A

Negligence from failure to act reasonably (fault without intent)

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13
Q

Transferred Intent

A

Intentionally hurting someone, but someone else gets hurt unintentionally

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14
Q

Assault

A

Any word or action w/ the intent of instilling fear and/or threatening their safety

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15
Q

Battery

A

Non consensual touching of another person

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16
Q

False Imprisonment

A

Confining/restraining someone w/o justification

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17
Q

Intentional Infliction of Emotional Distress

A

When someone purposely acts outrageously to the point of causing severe distress to another

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18
Q

Defamation

A

Misinformation meant to tarnish someone else’s reputation

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19
Q

Libel

A

Written defamation

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20
Q

Slander

A

Oral deformation

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21
Q

Statement of Fact Requirement: A statement isn’t deformation unless…

A

The statement is false + represents a fact

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22
Q

Publication (in terms of defamation)

A

Defamatory statements are spread to everyone except the defamed person(s)

It’s like rumors

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23
Q

It’s deformation unless…

A

It’s the truth

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24
Q

Invasion of Privacy

A

Intruding someone else’s space of solitude and freedom

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25
Q

Does everyone have the right to privacy?

A

Yes! Even the US Constitution said so!

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26
Q

Fraudulent Misrepresentation

A

Spreading misinfo w/ the intent of deceiving others

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27
Q

Puffery

A

Exaggerated sales talk that’s opinionated and not legally binded

28
Q

Can you sue puffery?

A

No

29
Q

When does Statement of Fact vs Opinion occur?

A

When there is reliance on statement of fact

30
Q

When can reliance on statement of opinion involve the statement of fact vs opinion tort?

A

If the person making the statement of opinion is more knowledgeable of the subject matter

31
Q

When does Negligent Misrepresentation arise?

A

When the person making the representation DIDNT have a reasonable basis to believe it

32
Q

Abusive or Frivolous Litigation

A

Suing someone for harassment

33
Q

Is suing someone for harassment misusing litigation?

A

Yes. People can’t be sued without a legal reason

34
Q

Malicious prosecution

A

Imitating a lawsuit out of malice

35
Q

Abuse of process

A

Using a legal process against another for a different purpose

36
Q

When a 3rd party intentionally leads a party to breaching a valid contract, it is a…

A

Wrongful interference w/ a contractural relationship

37
Q

Interference w/ another business to get a better gain on the market is a…

A

Wrongful interference w/ a business relationship

38
Q

Torts against privacy

A

Actions that interfere w/ an individual’s property

39
Q

Trespass to land

A

Entering someone’s land w/o permission

40
Q

Liability to harm

A

The trespasser is liable for damage caused to another’s property

41
Q

Attractive Nuisance Doctrine: The landowner can be held liable if…

A

A child trespasses their land and gets injured

42
Q

Trespass to personal property

A

Interfering w/ another’s right to possession of their personal property

43
Q

Conversion

A

Wrongfully taking or using someone else’s property, thinking that they’re entitled to it

44
Q

Does failure to return goods even with intent count as Conversion?

A

Yes

45
Q

Slander of Title

A

Publishing a statement that doubts someone’s ownership of their property

46
Q

Negligence

A

When someone gets badly injured due to someone else’s failure to owe a duty of care

47
Q

What is the most common type of tort?

A

Negligence

48
Q

Duty of Care

A

The duty of everyone to act carefully so nobody gets hurt

49
Q

Business invitees

A

Customers or clients invited onto business premises for business purposes

50
Q

Malpractice

A

The negligence/failure to exercise the degree of care as a professional

51
Q

Are landowners and business owners responsible to warn people of ALL risks?

A

No. They must warn people of foreseeable risks, but not obvious ones

52
Q

What does causation in fact ask?

A

Would the person still be injured if not for xyz?

53
Q

Proximate cause exists when…

A

Thete is a strong enough connection between the act and the injury to justify imposing liability

54
Q

Is it a proximate cause if the act was unforeseeable?

A

No

55
Q

Are compensatory damages the norm in negligence cases?

A

Yes

56
Q

When can punitive damages be awarded in negligence cases?

A

If the defendant’s conduct was grossly negligent

57
Q

Good Samaritan Statute

A

A statute saying that people who rescues or provide medical services to people in peril can’t be sued for negligence.

Mainly protects medical professionals

58
Q

Dram Shop Act

A

A statute that imposes liability on owners of bars and taverns for injuries by their intoxicated customers

59
Q

What is a common defense against negligence claims?

A

The plaintiff failed to prove the existence of 1+ elements for negligence

60
Q

The 3 affirmative defenses in negligence cases are:

A
  1. Assumption of risk
  2. Superseding cause
  3. Contributory and comparative negligence
61
Q

Assumption of risk

A

A defense that’s used when the plaintiff was aware of a danger and it’s risks, and voluntarily takes that risk

62
Q

Superseding cause

A

The force or event that breaks the connection between a wrongful act and the plaintiff’s injury

63
Q

Contributory negligence

A

A theory that the plaintiff’s own negligence contributed to/is the result of their injuries

64
Q

Comparative Negligence

A

A theory that the liability for injuries resulting from negligence is shared by everyone involved based on how negligent each person was.

65
Q

Does comparative negligence include the injured party/plaintiff?

A

Yes

66
Q

50% rule

A

If a plaintiff is more than 50% at fault, they will recover nothing

Business law I (16 decks)

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