Business Law Flashcards
(89 cards)
1
Q
Simple Tort
A
Giving a person financial relief from the wrongdoer
2
Q
Volitional
A
Willing and anticipated the consequences of said acts
3
Q
Affirmative
A
An act that actually took place
4
Q
Intent
A
Casted ideas forward in time, know what happened and wanted it to happen
5
Q
Prima Facie
A
First look, first appearance, need proof
6
Q
Battery
A
- A and V
- harmful/offensive contact that actually took place
- Directly or indirectly caused the harm
- Intent to cause harm
7
Q
Assault
A
- A, & V
- Intent or Intent to cause fear of harm
- Plaintiff was reasonably scared
- fear was immediate
- contact failed
8
Q
False Imprisonment
A
- A & V
- Plaintiff must be aware they are being confined
- Confinement was within a fixed boundary
- Without reasonably way to escape
- No consent
- Intent to confine plaintiff against will
9
Q
IIED
A
- A & V
- Intent OR recklessness
- Cause severe emotional disturbance to plaintiff
- Extreme and outrageous
- Causation
10
Q
Reckless behavior
A
knows but ignores the consequences, no intent
(Ex: driving at high speed through a crowded area, no intention to harm, but ignored risk)
11
Q
Extreme and Outrageous
A
Dependent on the reasonable person
12
Q
Tresspass
A
- A and V
- Belongs to another
- No permission
- Consequence is not valid
- Intent to enter or stay on land
13
Q
Conversion
A
- A and V
- Intent to Control or have dominion
- Complete Destruction
- Plaintiff owns property
- Cash is only way to repay value
14
Q
Trespass to Chattels
A
- A & V
- Intent to control or have dominion
- Partial Destruction or minor damages (can still be used)
- Plaintiff owns, and used without permission
15
Q
Fraudulent Misrepresentation
A
- A and V
- Material facts (important to decision)
- Knows the facts are false
- Intent to create reliance on misrepresentation
- Plaintiff relied, reliance is justifiable
- Damages were caused from reliance
16
Q
Defamation (Public Person + Public Concern)
A
- A and V
- Harms reputation
- Concerns Plaintiff
- Was FALSE
- Defendant Acted with malice or recklessness
- need to prove they are NOT a public person
17
Q
Public person
A
What The reasonable person would define as
18
Q
Publication
A
telling 1+ person
19
Q
Defamation (Private Person, Private Concern)
A
- A and V
- Harms reputation
- Concerns Plaintiff
- Plaintiff was harmed
20
Q
Libel
A
Defamation through writing
21
Q
Slander
A
Defamation through oral publication
22
Q
Misappropriation
A
- A, V, Intent to use Identity
- Someone used name, voice or figure for marketing
- No permission
23
Q
Intrusion
A
- A and V
- Intent to intrude on plaintiff private affairs
- Unreasonable and Improper means
- Confidential information was obtained
24
Q
Public Disclosure of Private Facts
A
- A and V
- Intent to release disclosed information
- Concerns Plaintiff
- Reasonable person would not want publicized
- Publicized to wide audience
25
False Light
1. A and V
2. Intentionally Published
3. Wide Audience
4. Place Plaintiff in light that is highly offensive
5. Defendant had knowledge of falsity or acted with recklessness
26
Respondent Superior
Can sue employer for act committed by employee
1. In scope of employment
2. Directed or Authorized
3. Actor was a manager
4. Actor was unfit for duty
5. Act was ratified after it happened
27
Consent in Fact
Looked for permission and recieved it
28
Implied in Fact Consent
Agreed upon without saying you agree through act
29
Implied in Law Consent
Consent is imposed and un-spokenly agreed upon
Ex: paramedics resuscitate you
30
Informed Consent
People who have more information than you must be more transparent |
Ex: surgery
31
Emergency Privilege
If somebody saved you, cannot be sued
32
Good Samaritan Law
Provide protection against those who voluntarily helped injured
33
Self Defense (without deadly force)
- did not reasonable believe you will die
34
Self Defense (with deadly force)
- Reasonably believed you will die if you didnt protect yourself
-
35
Defense of Others
- Defending another person
- Whatever defense you perform against another must be equal to what they are capable of doing
36
Defense of Property
Self defense without deadly force is NEVER allowed to protect property, maybe can use physical force
37
Private Necessity
Performed tort but it was necessary to save yourself death
Ex: broke into cabin in the woods and ate the food
38
Public Necessity
Tort was committed to help the public,
39
Negligence
Failure to acknowledge the safety of person, their property, where failure caused injury or damage
40
Negligence Elements
1. Duty
2. Breach
3. Actual Cause
4. Proximate Cause
5. Harm was done
41
Duty
Everyone has duty to act reasonably
- Professionals have higher
- Incapacitated, minors, etc have lower
42
Breach
Not performing reasonable duty
43
Actual Cause
Were you the root of the cause?
44
Proximate Cause
The act that created harmed within the vincinity, foreseeable
"Could have __ potentially caused __"
45
Tresspasser Exception
- Duty of reasonable care towards trespassers
- Must always warn of concealed traps
- Landowners owe duty of reasonability
46
Strict Liability
Person is automatically liable to injuries they cased (even if they did not act with intent or not negligent)
47
Wild Animals
held under strict liability that are not domesticated
47
Domesticated Animals
Usually not held under strict liability, unless owner was aware animals behavior has been dangerous (One bite rule)
48
Abnormally Dangerous
Unheard of and unusually dangerous (not severe, but unpredictable)
49
Duty of Rescuers
- No duty to rescue person
- duty to rescue those YOU put in harms way
- Duty to rescue if you have special relationship
- duty if you rescue must complete rescue
50
Comparative Negligence (Pure)
What percentage should responsibility be assigned and reflected at monetary damage
51
Comparative Negligence (50% Rule)
If plaintiff is found more than 50% responsible, they get nothing
52
Contributory Negligence
If plaintiff is found any percentage negligence they get nothing
53
Waiver
Must be foreseeable, signing away a portion of rights
1. Voluntary Agreement,
2. Aware of Risks
3. Specific (yet also bread) of potential risks that could happen - Foreseeable
54
Implied Assumption of Risk
There is an inheret risk in activity as it is
1. Release given was clear
2. Reasonably Related to Purpose
Ex: playing football increases chance of broken arms
55
Contracts
Agreement between parties
1. Offer
2. Acceptance
3. Consideration
56
Acceptance
Offer is either denied or invited
57
Rejection
destroys offer
58
lapse
Acceptance must be made within a reasonable timeframe
59
Death or Incapacity
prevents the formation of a contract
60
Counteroffer
Acts as a rejection, but then follows by an immediate new offer
60
Revocation
Can take back an offer any time BEFORE acceptance
61
Option Contract
Have specific amount of time to make a decision about what you want to do (Ex: stock options)
61
Consideration
1. Bargained For exchange
2. Legal Value
3. Mutual Obligations
62
Promissory Estoppel
1. Clear and definie promise
2. Reliance on promise
3. Reliance was justified to reasonable person
4. Failure to enforce the promise
63
Contract Issues (Hierarchy)
First Step: Course of Dealing between parties - how they have reacted in past
Second Step: Standards within the industry
Third Step: Parole Evidence (Bring in outside evidence BEFORE agreement)
64
Material Changes
Major change to the contract that affects the core purpose of it (price, quantity, etc)
65
Immaterial Changes
Minor changes to the contracts that do not effect (spelling, etc)
66
Statue of Fraud
Contracts that MUST be in writing
1. Sale of Property
2. Leases Longer than one Year
3. Contracts that are not performed within one year
4. Selling item >$500
5. Promise to pay the debt of another person
67
Tortious Interference of Contracts
1. Trying to get someone to breach contract
2. Existence of a Valid contract
3. Knowledge of existing contract
4. Intentional Efforts to breach
5. Actual breach and harm done
68
Anticipatory Breach
Know that you will have. to breach the contract and inform the party
- Other person can do what they want with anticipated breach (take legal action, etc)
69
Mutual Mistake
Both parties were wrong abt material fact of contract
70
Unilateral Mistake
One party made mistake, must be innocent,
71
Illegality
If contract encourages illeal act - do not need to perform
72
Frustration of Purpose
Unexpected event thats vital to contract changes (kid and clown example)
73
Impracticability
Impractical for the contract to be fullfilled (Ex: Beyonce is sick and cannot perform contract)
74
Impossibility
Impossible for the contract to be fulfilled (Ex: Beyonce Dies and cannot perform)
75
Unclean Hands
If a party acts unfaithful or committed a tort against contract, you don't need to perform obligation
76
Laches
Unreasonable Delay in being able to fullfil the contract
77
Unconsiousability
Contract was so crazy and wild that it becomes invalid
78
Actual Damages
Actual costs resulted directly from the breach of contract
79
Liquidated Damages
Specific, predetermined amount paid if the contract was breached
79
Punitive Damages
Additional Compensation that will need to be paid on top of actual damages
79
Benefit for Bargain Damages
Giving the party what was actually apart of the contract
80
Restitution
Compesating plaintiff for unjust or wrong done
80
Nominal Damages
Small Amount of money awarded to recognize legal wrong
81
Specific Perfomance
Court ordering a party to complete a specificjob
82
Legal Fees and Cost
expenses associated with lawyers costs, and court costs
83
Injunctive Relief
Court order to refrain a party to do something
