Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Management 311 > MGMT 311 Exam 2 - FLASHCARDS - Chapter 6 pt 2 > Flashcards

MGMT 311 Exam 2 - FLASHCARDS - Chapter 6 pt 2

1
Q

What are defenses to wrongful interference?

A
  1. Bona fide competitive behavior.
  2. Aggressive marketing and advertising strategies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a tort against property?

A

Wrong is committed against the individual who has legally recognized rights with regard to real or personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What type of property is land and things permanently attached to the land?

A

Real property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What type of property is other property such as cars, boats, jewelry, accounts?

A

Personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a trespass to land?

A

a person, without permission, enters onto, above, or below the surface of land that is owned by another; causes anything to enter onto the land (shooting a bullet on their land); or remains on the land or permits anything to remain on it after being told to leave.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Is any harm of the land neccesary for a trespass of land?

A

No. No harm to the land is necessary

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Is a reasonable intrusion into air space constitute a trespass of land?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How does an owner establish that someone is a trespasser?

A

Owner must implicitly or expressly establish that the person is a trespasser

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How does an owner expressly establish that someone is a trespasser?

A

tell a guest to leave and they won’t, or post no trespassing signs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How does an owner implicitly establish that someone is a trespasser?

A

If anyone comes on the property to commit an illegal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Is the trespasser liable for damages caused to the property?

A

Trespasser is liable for damages caused to the property and generally cannot hold the owner liable for injuries that the trespasser sustains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Can the trespasser generally hold the owner liable for injuries the trespasser sustains?

A

Trespasser is liable for damages caused to the property and generally cannot hold the owner liable for injuries that the trespasser sustains

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Trespasser is liable for damages caused to the property and generally cannot hold the owner liable for injuries that the trespasser sustains, except:

A

Reasonable Duty and the Attractive Nuisance Doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is reasonable duty?

A

Landowners have duty to people trespassing on their land. The owner would have a duty to warn in certain circumstances and not willfully injure the trespasser

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is attractive nuisance?

A

Young children do not assume the risk if they are attracted to the premises by some object. Attracted to things that are risky. The landowner has liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

True or false: the owner can remove trespasser from the premises through the use of reasonable force without being liable for assault and battery?

A

TRUE

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are defenses or excuses to trespass on land?

A

a. Trespasser enters to assist someone in danger even if that person is a trespasser.
b. Trespasser enters to protect property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What type of trespass is wrongfully harming or interfering with the personal property owner’s right to the exclusive possession and enjoyment of their property?

A

Trespass to personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What does trespass to personal property involve?

A

Involves intentional meddling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What is intentional meddling?

A

Interfering with someone’s ability to use their property. However, you are not acting as if it is yours or keeping it long term

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is an example of intentional meddling?

A

borrowing a car without permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a defense to trespass of personal property or meddling?

A

If the meddling was warranted

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is conversion?

A

any act that deprives an owner of personal property without the owner’s permission and without just cause that places the property in the service of the trespasser or other person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is the difference between trespass to personal property (meddling) and conversion?

A

Conversion can include civil theft. With meddling, you are not acting as if it is yours or keeping it long term

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Say you leave your keys on the counter and your friend wakes up before you and takes your car to the store without you knowing. When you wake up, your keys are gone and you don’t know who took them. Luckily, your friend comes back a couple hours later and you get your keys back. What is this an example of?

A

Trespass to personal property or intentional meddling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Say you leave your keys on the counter and your friend wakes up before you, packs up her stuff, and takes your car across country, being gone for weeks before you are able to identify where she is. What is this an example of?

A

Trespass to personal peoperty and conversion because she didn’t intend to give it back right away

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What are non-defenses for conversion?

A

a. good intentions (are irrelevant)
b. you didn’t know the item you bought was stolen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is Disparagement of Property?

A

Slander of quality (trade libel), and slander of title (ownership

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What is the publication of false information about another’s product, alleging it is not what its seller claims? Lies being told about the quality of a product

A

Slander of quality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What is the publication of lies that cast doubt on another’s legal ownership (title) of property, which results in financial loss to the owner?

A

Slander of title

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is it when someone knowingly publishes an untrue statement about property with the intent of discouraging a third person from dealing with the person slandered?

A

Slander of title

32
Q

What is negligence?

A

Negligence is where someone acted recklessely and carelessely when a reasonable person would have acted differently

33
Q

Does negligence deal with intentional acts?

A

No

34
Q

What are characteristics of negligence?

A
  1. No longer dealing with intentional acts.
  2. Actor’s conduct merely creates a foreseeable risk of harm.
  3. Actor fails to live up to a required duty of care
35
Q

What four elements does the plantiff have to prove if negligence is the claim?

A
  1. Duty: Actor (defendant) must owe a duty of care to the injured party (plaintiff).
  2. Breach: Defendant must breach that duty.
  3. Causation: Defendant’s breach must cause plaintiff’s injury.
  4. Damages: Plaintiff must suffer a legally recognizable injury.
36
Q

What do courts use to prove a duty of care exists?

A

Reasonable person standard

37
Q

What is the reasonable person standard?

A

measure of what should have been done in a situation

38
Q

What was Bogenberger v. Pi Kappa Alpha, Corp.?

A

.

39
Q

What was Liebeck v. McDonalds, Inc.?

A

Liebeck sued McDonalds for negligence because she claimed they had a duty of care to not serve burning hot coffee to customers. The coffee was over 30 degrees hotter than other coffee shops

40
Q

What is the duty of landowners in protecting invitees?

A

a. Landowners don’t have duty to warn, but must exercise reasonable care to protect business invitees from harm, including:
1) Foreseeable risks that the owner knew about.
2) Risks the owner should have known about.
3) Obvious dangers

41
Q

Does the landowner have duty to warn about obvious dangers?

A

Generally, no duty to warn, but still may be liable for failure to maintain safe premises

42
Q

Does the landowner have duty to warn children of danger?

A

Yes

43
Q

What is the duty of landowners in regards to licensees (social guests)?

A

Landowner has a duty to warn licensees (social guests) of known risks. Risks could be broken boards on front porch. No duty to protect

44
Q

Does the landowner have a duty to protect licensees (social guests) from risk?

A

No

45
Q

What is the duty of landowners in regards to trespassers?

A

Landowner has a duty to not willfully injure a trespasser.

46
Q

In general, can the trespasser hold the landowner liable if the trespasser is injured?

A

No. Except, when the landowner breaches the duty owed to the trespasser to not willfully injure them

47
Q

What was Katko v Briney?

A

Katko is trespassing in an abandoned house on Briney’s farm. Katko trips tripwire connected to spring action shotgun and loses his leg. Example of willfull injury

48
Q

What are examples of commonly sued professionals?

A

doctors, attorneys

49
Q

What does a professional’s voilation of duty of care lead to?

A

Violation of duty of care leads to malpractice

50
Q

What is No Duty to Rescue?

A

It is not legally required to go to the aid of a stranger. However, an exception is if you put them in the situation or you cause the need for rescue

51
Q

What two questions do the courts ask about causation?

A

Is there cause in fact? Is there proximate cause?

52
Q

What is a but-for test?

A

if not for the breach of duty, the injury would not have occurred

53
Q

Who is the burden on in a but-for test?

A

Burden on party claiming harm by preponderance of the evidence

54
Q

What question is asking if the causal connection between an act and an injury is strong enough to justify imposing legal liability?

A

Is there proximate cause?

55
Q

Plaintiff must prove that both types of causation are present or plaintiff loses the case

A

.

56
Q

If there is no proximate cause, is there legal liability?

A

No

57
Q

What are the requirements for injury damages?

A
  1. Must have legally recognizable injury (suffer some loss, harm, wrong, or invasion of a protected interest).
  2. No injury, no recovery.
58
Q

What is the Dram Shop Act?

A

Bar owner and bartender may be liable for injuries caused by a person who becomes intoxicated while drinking at the bar.
Bar owner or bartender may also be liable for continuing to serve drinks to an intoxicated person

59
Q

How does the Dram Shop Act apply to social hosts?

A

people hosting parties may be liable for injuries caused by guests who became intoxicated at the host’s home

60
Q

What statute says that people who are aided voluntarily by others cannot sue the person who aided them for negligence

A

Good samaritan statute

61
Q

What is the good samaritan statute passed to encourage?

A

Passed primarily to encourage health care professionals to voluntarily stop and render aid at accident without fear of liability

62
Q

What is assumption of the risk?

A

Assumption of the Risk: Defendant is arguing the plaintiff assumed a risk here. A risk that they should have known about. Therefore, the defendant is not responsible

63
Q

True or false: in a negligence case, If the plaintiff voluntarily enters into a risky situation knowing the risk involved, plaintiff is not allowed to recover damages the plaintiff may incur.

A

TRUE

64
Q

In a negligence case, If the plaintiff voluntarily enters into a risky situation knowing the risk involved, plaintiff is not allowed to recover damages the plaintiff may incur. For this to be a successful defense, what does the defendant need to prove?

A

Defendant has to prove plaintiff has knowledge of the risk.
Plantiff voluntarily assumed the risk.

65
Q

Are risks deemed assumed in emergencies?

A

No

66
Q

With negligence, do we only assume normal risk carried by the activity?

A

Yes

67
Q

What is an example of a risk that is not normal?

A

Equipment malfunctions

68
Q

What is an example of superdeding intervening force?

A

derek was negligently riding his bike on the sidewalk and hits an old lady. Plane explodes nearby and debris falls on her. She sues derek for everything

69
Q

What is contributory negligence?

A

If Plaintiff is also negligent, then Plaintiff has breached a duty owed to self and does not recover any money from Defendant. Contributory negligence bars plaintiffs from collecting damages if they are found partially at fault for their accident-related injuries

70
Q

True or false: A majority of states use contributory negligence?

A

False. Only a minority (small number) of states use this defense

71
Q

What does the doctrine of comparative negligence abolish?

A

The idea of contributory negligence

72
Q

What is trier of fact?

A

Trier of fact (judge or jury) determines both the plaintiff and the defendant’s negligence percentage and the liability for damages is assessed accordingly.

73
Q

In a ______, plaintiff recovers damages based on defendant’s negligence percentage?

A

Pure form state

74
Q

What happens in a 50 percent rule state?

A

Plaintiff recovers damages based on defendant’s negligence percentage. But if the plaintiff is more than 50% at fault, plaintiff recovers nothing

75
Q

True or false: Texas is a 50 percent rule state?

A

TRUE

76
Q

True or false: in a contributory negligent state, if the plaintiff is even 1 percent responsible for what happened to them, they get no money

A

TRUE

77
Q

True or false: in a pure form state, the defendant can be 1 percent liable and still have to pay money to the plaintiff?

A

TRUE

Management 311 (25 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions