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final Flashcards

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1
Q

Torts

A

Torts are civil wrongs other than breaches of contract. Torts can be intentional or unintentional

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2
Q

punitive damages

A

damages that are meant to punish the defendant and discourage the type of behavior the defendant has engaged

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3
Q

Battery

A

an unauthorized touching

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4
Q

Assault

A

A Threat

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5
Q

Defamation

A
  • Injure to someone’s reputation by false information
     Libel- written
     Slander- oral
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6
Q

Deceit

A

has the same elements as fraud. There has to be a purposeful misrepresentation made to the victim, which is believed by the victim, and leads to damages.

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7
Q

Trespassing

A

there must be physical entry of some sort of property

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8
Q

consent or privilege

A

Defenses to intentional torts. For instance, one generally signs a consent form for surgery, so the doctor can work on your body. Consent can also be shown by voluntary action.

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9
Q

Negligence

A

is an unintentional tort. You should know the elements of tort, being existence of a duty, a breach of that duty, that the breach was the proximate cause of injury, and that there was actual injury

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10
Q

Privilege

A

means that the defendant had the right to do what would otherwise be an intentional tort. (boxing match)

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11
Q

Negligence

A

is an unintentional tort

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12
Q

Appropriation

A

using someone’s name or image inappropriately without consent

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13
Q

public discloser of privet facts

A

when someone publicly shows someone’s privet facts

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14
Q

Negligence per se

A 
that the violation by itself, is considered unreasonable 
	Injured person has to be in the class of persons that the statute or regulation was designed to protect
	The injury must be of a type that the stature or regulation was designed to prevent
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15
Q

Comparative negligence

A 
the plaintiff will recover an amount reduced by his or whole percentage of negligence performed by plaintiffs actions
	Ex $100,000 
•	Plaintiff is 10% at fault
•	Defendant 1 is 40%
•	Defendant 2 is 50%
o	Plaintiff receives $90,000
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16
Q

Assumption of the Risk

A

plaintiff cannot recover when willful exposure to risk is involved

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17
Q

Strict liability

A

when there is abnormally dangerously activities  If a product is defective, and because of its defective it becomes dangerous, weather there is negligence or not

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18
Q

Property

A

is a bundle of rights

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19
Q

Real property

A
  • land and anything that is permanently attached to land
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20
Q

Personal property

A
  • property that is not fixed and is movable
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21
Q

Abandoned

A

purposely give up position of that property, can be taken by anyone and those who take it gain ownership

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22
Q

Lost

A

property that comes out of someone’s possession not by choice, finder gains ownership except trumped by true owner

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23
Q

Mislaid

A

property placed somewhere and location is forgot, has to be kept where it was found for the true owner to have a chance to find it

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24
Q

Stolen

A

property remains owned by true owner

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25
Q

Loaned

A

balor lends property to balyee

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26
Q

An example is where a woman had stomach pains because she had a sponge and a surgical tool in her stomach cavity. These things were under the control of the doctor, and normally would not be in her stomach had the doctor not been negligent.

A

Res Ipsa Loquitur

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27
Q

Res Ispa Loquitur

A

switches the burden of proof from the plaintiff to the defendant. This occurs when the instrumentality of negligence was within exclusive control of the defendant, and injury would not normally have occurred absent the negligence of the defendant.

28
Q

an entrustment of personal property

A

A bailment

29
Q

A finder of property has an ____________, and only owes the true owner a slight duty of care

A

an involuntary bailment

30
Q

Where the bailment is for the benefit of the bailee, (borrow parents’ car) the bailee …..

A

has a high degree of care

31
Q

where there is a mutual benefit bailment the bailee has a duty of…..

A

ordinary care (dry cleaner)

32
Q

where the bailment is for the benefit of the bailor (store furniture at your friend’s house) there is only a

A

slight duty of care

33
Q

-personal property that has been affixed to the reality

A

 Fixtures-

34
Q

comprised of land and everything that is attached to land; air, surface, and subsurface air

A

Real property

35
Q

when an Item is attached to the real-estate in such a manner that it will cause damage upon removal

A

Annexation

36
Q

does not physically attach, however is specifically adapted to the real-estate, therefore is deemed a fixture

A

• Adaption

37
Q

Trade fixture

A
  • fixture put into a property that will help the business become more efficient; ie pizza ovens
38
Q

Fee Simple Absolute

A
  • if you own it, you have the right to use the property as you see fit, subject to local zoning laws
39
Q

Life estate

A

the right of use and enjoyment of the land as measured by the life of that person or another person, at the death of the person whose life determines the length of the estate

40
Q

Strict Liability in tort – there are three situations where it is unnecessary to prove negligence in order to get recovery

A
  1. Dangerous and defective product – a product becomes unreasonably dangerous from a defect. Subject of chapter 9.
  2. Injury from wild animals
  3. Injury from dangerous and defective product (fireworks)
41
Q

Individuals own their units as they would own houses, and the common areas are owned by all unit owners as tenants-in-common, and each owns an undivided share equal to their percentage share of the land comprising the individual units

A

Condominium

42
Q

is a building that is placed in the name of a corporation, and each unit in the building is represented by a share of stock

A

cooperative

43
Q

Inter vivos

A

A living gift

44
Q

Causa Mortis

A

gift in anticipation of death; • If donor recovers, tfyrecover the gift if threat of death passes

45
Q

Bailment vs. rental of space

A

the difference is that you are not passing duty over to the rental agreement

46
Q

Leaseholds

A

the right to occupy a property in the exchange of rent

• Not an ownership exchange but a possessory exchange

47
Q

Life estate

A

the right of use and enjoyment of the land as measured by the life of that person or another person, at the death of the person whose life determines the length of the estate

48
Q

 easements

A

right to use the land of another for a specified purpose, but not possess the land

49
Q

Profits

A

right to remove something of value from property from another’s land; trees oil or crops

50
Q

Licenses

A
  • the right to enter property with a specific purpose for a specific amount of time
51
Q

 Tenacy-in-common

A

different people own a specific percent of interest in a property but not a division, the property is still whole

52
Q

Partition

A

when a court decides how a property is broken up if tenates don’t get along

53
Q

 Joint Tenacy

A

the whole thing has to be created at one time on one document
• Shares of the joint tenancy get split up when you die to other tenates

54
Q

 Quitclaim deed

A
  • no guarantees deeds to properties
55
Q

Bubble concept

A

company has right to sell pollution rights when going out of business to other buisnesses

56
Q

Agent

A

someone who acts one behalf of another

57
Q

Principle

A
  • the party for whom an agent acts, has to have full knowledge of the transaction
58
Q

 Express authority

A

something that is explicitly stated

59
Q

 Implied Authority

A

when an agent does something that a normal agent usually does

60
Q

 Apparent authority

A

Is no authority however an impression that the agent has the empower to act

61
Q

who is responsible for the unintentional torts of the agent while the agent is in the course of employment

A

principal

62
Q

Obedience

A

an agent owes a duty to obey the principal’s instruction

63
Q

Sole proprietorship

A

one person who owns and operates a business

64
Q

Partnership

A

–“ an association of two or more persons to carry on a co-owners a business for profit”

65
Q

Joint liability

A

partners are liable together

66
Q

Several liability

A

partners are liable separately

67
Q

Corporation

A

an artificial entity created by a legislator that is owed by multiple shares. pay their own tax unless the shareholders choose a Subchapter S election, and shareholders are generally not liable for the responsibilities of the corporation

buisness law (2 decks)

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