Brainscape's Knowledge GenomeTM

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


See full index

Legal Business 1 > Ch 10 Class Notes > Flashcards

Ch 10 Class Notes Flashcards

0
Q

Strict liability

A

Part of chain to make product, if product causes harm

To person

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

A tort case involves?

A

Personal injury

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

2 types of intentional tort

A

1 assault

2 battery

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

Assault

A

Intimidating and aprehension of bodily harm

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

Battery

A

Actual harm

Awareness not required

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

What are 2 common defenses for battery?

A

1 consent

2 self defense

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

Would fraternity hazing result in assault and battery?

A

Usually not, because pledge gives consent

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

False imprisonment

A

Held against will

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

Malicious Prosecution

A

Arrest for wrong reason

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

Defamation

A

False statement of fact

Published or communicated to 3rd party

Causes damage to reputation

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

When a pharmacist is falsely accused of stealing by his employer, what kind of claim is the employer making?

A

A defamation claim

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

What is a full defense to a defamation claim?

A

The truth

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

3 types of invasion of privacy?

A

1 appropriation

2 intrusion upon seclusion

3 false light

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

Invasion of privacy false light example

A

Municipality terminated employee and put up bogus

Reason on public website

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

Fraud

A

Intention to deceive

Intentional tort

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

Actual malice

A

Intention to deceive in making that relationship

Ex. Oprah connected mad cow disease to Texas Cattle
And was sued by the slaughter company for actual
Malice

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

Wrongful interference contract with business relations

A

Draw employee away to steal design

17
Q

4 components of a negligence case?

A

1 duty of care owed to plaintiff by defendant
2 defendant breaches duty
3 plaintiff suffers legally recognized injury
4 damages

18
Q

Businesses have heightened duty when it comes to negligence because they must…

A

Make a profit

19
Q

A frat pledge dies and the defense of the frat is the pledge chose to drink so there is no liability. Is there a basis to sue?

A

Yes the pledge is underage

20
Q

Dram shop acts

A

Bar must look out for patrons

Tavern owners are liable for damages caused by visibly
Intoxicated persons

21
Q

A pharmacist fills a prescription for a drug that causes a person internal bleeding. What is the basis to sue?

A

Basis to sue the drug maker and the doctor

22
Q

Cause in fact, define, what test does it rely on?

A

Actual cause

Relies on “But for” test

23
Q

Proximate cause, define, what test does it rely on?

A

Legal cause

Relies on “foreseeability test”

24
Q

But for causation is limited by…

A

Proximate causation (what can be foreseen)

25
Q

3 common defenses against negligence

A

1 contributory negligence

2 comparative negligence

3 assumption of risk

26
Q

Contributory negligence

A

If plaintiff contributes more than 50% (depends on state)

Plaintiff can’t recover

27
Q

Comparative negligence

A

Plaintiff is no more than 50% negligent

28
Q

Assumption of risk

A

Plaintiff knew the risk

Plaintiff voluntarily assumes (accepts) risk

29
Q

Res Ipsa Loquitor

A

Negligence speaks for itself

Ex. Barrels falls out window and hits pedestrian

30
Q

Negligence per se

A

Violate state that sets standard of care

31
Q

Good Samaritan statutes

A

Protects qualified rescuers from liability

32
Q

Dram shop act: when is the bar liable?

A

When drunk driver they serve injures 3rd party

33
Q

Product liability

A

Rises from contract law

34
Q

When is a product defective?

A

When it departs from intended design

35
Q

What is a common defense for strict liability for a product liability?

A

No defect

36
Q

Compensatory damages

A

Put plaintiff back if they hadn’t been harmed

37
Q

Punitive/exemplary damages

A

Punish defendant for outrageous behavior

38
Q

What is the difference between a negligence claim and a product liability claim?

A

Product liability rises from contract law

39
Q

In a car accident, what are the legal defenses when plaintiff is injured for not wearing seatbelt, asserting door latch is defectively designed.

A

1 no seatbelt (intervening factor)

2 actual accident not foreseeable

3 door designed for other accident reasons

Legal Business 1 (25 decks)

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