Civil Law - Basic Concepts Flashcards
Which title of federal statute defines crimes and offenses?
Title 18
Statutory and common law in which private rights and remedies are found
Civil law
In a contract, both parties must be competent and have what?
The legal capacity to contract
In a contract, the subject matter of the contract must be what?
Legal
How are contractual agreement enforced?
By court action requiring a party to perform it’s obligations or assessment of money damages to compensate injured party for failure of performance of the other party
What are the two ways contractual liability is pertinent to private security?
- The company providing contract security forces may be liable for breach of contract
- The private company which hires its own security employees does so by employment contract with its employees
An actual agreement of the parties, the terms of which are openly uttered or declared ( usually in writing) at the time the contract is made
Express contract
An agreement not created or evidenced by the explicit agreement of the parties, but is inferred by law
Implied contract
The dollar value stated in the contract
Price
The dollar value of goods and/or services determined by a court or arbitrator
Reasonable value
Unless a written agreement specifically states that it is the complete agreement between the parties, oral agreements which are not inconsistent with the written terms may well be considered what?
Binding
Statement that the goods or services provided are actually as they are described or said to be
A warranty
What may a person or entity be entitled to collect if they relied on the warranty in using the services or product if the service or product wanted was not as represented?
Monetary damages, to the extent of any “injury”
What is normally included in a warranty contract by security product and service providers?
A “Limitation of warranty”
A willful or negligent wrong done by one person to another
A tort
_____ agreement between parties is required for a tort
No
What are the three concepts of tort liability?
- Compensate the victim for his/her loss
- Act as a deterrent for future conduct of the same kind
- Serve as evidence of society’s disapproval of the wrong
What are the two basic elements of intentional tort liability?
- An act or omission,
2. Which brought about the intended result
What are the nine examples of intentional torts?
- Battery
- Assault
- False arrest and false imprisonment
- Trespass to land
- Trespass to chattels (Conversion)
- Fraud/misrepresentation
- Defamation
- Invasion of privacy
- Malicious prosecution
The failure to exercise reasonable or ordinary amount of care in a situation that causes harm to someone or something
Negligence
What is the standard used to ascertain whether the conduct constitutes negligence?
That of a “reasonable person”
Who is the standard of “reasonable person” higher for?
Security professionals
What are the four elements of negligence?
- Standard of care,
- A breach of the standard,
- Proximate cause, and
- Harm or injury produced
What is a tort-feasor?
A wrong-doer
Generally, the injured party must prove that:
- The tort-feasor acted negligently, and
2. The negligent act was the cause of the loss or injury
This shows a greater lack of concern for the rights of others than ordinary negligence
Gross negligence or reckless conduct
What kind of damages are available for gross negligence is shown?
Punitive damages
Established when one person acts for another
Agency relationship
What are the three things agency can be?
- An express appointment
- Ratification of actions taken
- Permitting one with apparent authority to act
What doctrine means let the master respond?
Respondeat Superior
The employer is responsible for the actions of his employee while the employee is acting in the employer’s behalf
Respondeat superior
In litigation, the plaintiff must prove that the employees actions were within the scope of what? Thus implying that liability was contingent on whether the employer knew or should’ve known about the alleged act
The scope of his/her employment
What is the test the relation of the employer to the employee?
The right of control and not necessarily the exercise of that right
The kind of duties / responsibilities which cannot be delegated to others including an independent contractor
Non-Delegable duty
The employer is automatically liable for the illegal actions of its employees
Vicarious liability
Liability for the acts of another maybe avoided if the hiring contract has established relationship of the tort feasor as a what?
An independent contractor
Employer may be held liable for the acts of an independent contractor when one of the following exists: 1. 2. 3. 4. 5.
- The work contracted for is wrongful per se
- The work contracted for is a public nuisance
- The work contracted for is inherently dangerous
- The act of the independent contractor violates a duty imposed on the employer by contract
- The wrongful act by the independent contractor violates the statutory duty
A liability that is not dependent upon actual negligence or intent to harm, but is based on the breach of an absolute duty to make something safe
Strict liability
The concept of strict liability most often applies to what kind of activities or cases?
Ultra-hazardous activities or products-liability cases
Strict liability is also known under what two terms?
Absolute liability
Liability without fault
When a party, who is in control of the property or premises, fails to provide reasonable security to those who depend upon such protection
Premises liability for negligence security
When an invitee is injured by a criminal act such as murder or rape by a third-party and that act occurs on a premises of the business
Premises liability for negligence security
The key element in determining whether or not the duty may exist depends on what?
The relationship of the parties
What are the two standards for determining whether the criminal act in question was for seeable?
- Prior similar incidents
2. Totality of the circumstances
An event was for seeable on the property owner had a beauty, and the next element would be to determine whether or not what?
Duty was breached
What are the four legal concept that apply to premises liability for negligent security?
- Duty
- Foreseeability
- Breach of Duty
- Causation
The courts order to a party to do or to refrain from doing a particular act
Injunction
This kind of damage is ascertainable as to amount such as medical bills or property loss
Special damages
These kinds of damages are not ascertainable such as pain and suffering
General damages
These kinds of damages are to compensate for outrageous behavior
Punitive damages
These kinds of damages are created, defined, or required by statute
Statutory damages
