Ch 10 Flashcards Preview

Legal Business 1 > Ch 10 > Flashcards

Flashcards in Ch 10 Deck (58)
0

Tortfeasor

One who commits a tort

1

3 main categories of torts

1 intentional torts

2 negligence torts

3 strict liability torts

2

Intentional torts

Involve deliberate actions that cause injury

3

Negligence torts

Involve injury following failure to use reasonable care

4

Strict liability torts

Impose legal responsibility for injury even though neither
Intentionally nor negligently causes injury

5

Intent

Desire to bring about certain results

Results that are substantially likely to result from an action

6

Battery

Employers who knowingly exposed employees to toxic substances without warning them of the dangers

These injuries were substantially likely to result from
Failure to warn

7

9 types of intentional torts

1 assault and battery
2 intentional infliction of mental distress
3 invasion of privacy
4 false imprisonment and malicious prosecution
5 trespass
6 conversion
7 defamation
8 fraud
9 common law business torts

8

Apprehension

Expectation that one is about to be physically injured

9

Assault

Pacing of another in immediate apprehension for his or
Her physical safety

10

Battery: definition

Illegal touching of another

11

Example of both battery and assault

Store manager who unpleasantly threatens a customer with a wrench is guilty of assault

Actually hits them with the wrench is guilty of battery

12

Intentional infliction of mental distress

Battery to emotions

Arises from outrageous, intentional conduct that carries
Strong probability of causing mental distress to person
Whom directed at

13

Intentional infliction of mental distress, 2 most common examples

Employees who've been discriminated against or fired

14

Intentional infliction of mental distress: 2 symptoms that show it

Sleeplessness and headaches

15

Intentional infliction of mental distress: business world example

Creditors calling their debtors to extract payment in
Frequent, abusive, threatening phone calls

16

Invasion of privacy, most common invasion of privacy

1 using plaintiffs name or likeness for own use (ex. Marketers
Required to pay damages to individuals when pictures
Of them are used without authorization)

Advertiser must obtain proper release from person to avoid liability

17

Invasion of privacy: defendant's intrusion of plaintiff's physical solitude 4 examples

1) illegal searches
2 invasions of home/possessions
3 illegal wire tapping
4 unwanted telephoning

18

Invasion of privacy: defendant's public disclosure of highly objectionable information about plaintiff example

Publishing facts that plaintiff doesn't pay debts even if info
Is true, is damaging to plaintiffs reputation creating liability

Communicating the same facts to a credit reporting
Agency is not seen as a liability

19

False imprisonment, define, when is it most commonly used?

Intentional unjustified confinement of nonconsenting person

Most commonly used for shoplifting

20

Malicious prosecution

False arrest

Someone to be arrested criminally without proper grounds

21

Trespass, define, examples

Enter another's land without consent or remain there after
Being asked to leave

Ex. Union pickets walking on company property, customers leaving store after being asked to do so

22

Conversion

Wrongful exercise of dominion (power) + control over
Personal (non land) resources that belong to another

Ex. Stealing from an employer, purchasing something
That's been stolen, failing to return something at the
Designated time, destruction/alteration of what belongs
To others, delivering something to the wrong party

23

Defamation

Publication of untrue statements about another that hold
Up that individual's character or reputation to contempt
Or ridicule

24

Slander

Oral defamation

25

Libel

Written defamation or defamation published over radio
Or television

26

Who can sue for defamation?

Individuals and corporations

27

Defamation and the first amendment

News media can only be sue for knowly printing false
statements (malice) or being reckless

28

Fraud

Intentional misrepresentation of material fact that's justifiably
Relied upon by someone to his or her injury

29

Common business frauds

Involve intentional misrepresentation of property or financial
Status

Lying about assets or liabilities to get credit/loan

30

Failure to disclose

Fraud where defendant is under legal duty to disclose fact

Ex. Defendant seller knows foundations of house are weakened by termites and must disclose this to buyer

31

When a tort is a crime

Intentionally harm others

32

Fraud and corporate governance

When publically traded companies distort their financial
Statements it harms investors

Investors pay higher prices for stock, that corporate officers
Get out of

33

Common law business torts: injurious falsehood AKA trade disparagement

Publication of untrue statements that disparate business
Owner's product or it's quality

In disparagement cases plaintiff must establish falsity of
Defendant's statements and show actual damages arising
From untrue statements

34

Common law business torts: intentional interference with contractual relations

One company raids another for employees

35

Negligence

Unreasonable behavior that causes injury

36

5 elements of negligence

1 existence of duty of care owed by defendant to plaintiff
2 unreasonable behavior by defendant that breaches duty
3 causation in fact
4 proximate causation
5 an actual injury

37

Duty, duty to take action

Critical element of negligence tort

Special duty relationship of Owing person reasonable care

Ex. Business renting surfboards at the beach would be liable for renting board to a customer who was attacked by a shark if it knew the shark was nearby and failed to warn the customer

38

Malpractice

Negligence of professionals

39

Willful and wanton negligence

Special type of aggravated negligence where defendant
Shows extreme lack of due care

Ex. Injuries inflicted by drunk drivers

40

Cause in fact

In negligence suit the plaintiff must prove that the defendant
Actually caused the injury

41

Proximate cause AKA Legal cause

Proposition that those engaged in activity are legally liable
Only for foreseeable risk that they cause

Ex. BP promised to pay $20 billion but only paid 1/5th of it, claimants are having trouble showing that a falloff in business miles inland is directly caused by oil spill instead of poor business practice

42

Affirmative defenses

Defendant must raise these defenses to take advantage
Of them

Must be raised in defenses to negligence

43

2 principal defenses to an allegation of negligence

1 contributory negligence

2 assumption of risk

44

Contributory negligence defense

Absolutely barred the plaintiff from recovery if plaintiff's
Own fault (even slightly) contributed to injury

45

Comparative responsibility AKA Comparative negligence AKA Comparative fault

Doesn't bar recovery

Compares plaintiff's fault with defendant's and reduces
The damage award proportionately

46

Assumption-of risk defense

Arises from plaintiff's knowing and willing undertaking of
Activity made dangerous from negligence of another

Ex. Getting struck by hockey puck at hockey games, owners of hockey team have successfully used this defense

47

Strict products liability

For commercial sale of defective products sold by retail,
Whole sale or manufacturing seller

Relates to unreasonably dangerous defect product that
Causes injury

Ex. Defective brakes, cause injury in car accident

48

Strict products liability: 2 kinds of defects

1 production defects

2 design defects

49

Production defects

Arise when products aren't manufactured to manufacturers
Own standards

Ex. Defective brakes on a new car, clam chowder where a diner found a condom

50

Design defects

When product is manufactured to manufacturer's standards,
But product injures user due to its unsafe design

51

State of the art

Prevailing industry standards at time of product manufacture

52

Statute of repose

Period following product of sale after which plaintiffs would
Lose their rights to bring suits to product-related injuries

53

Ultra hazardous activity

Transporting and using explosives, poisons, keeping
Dangerous wild animals, keeping large volumes of liquids

54

Dram shop acts

Injuries to third parties of business owners caused by
Intoxicated patrons

55

Common carriers, transportation companies licensed to serve the public are also...

Strictly liable for damage to goods carried by them

56

6 types Compensatory damages that follow for injury

1 past and future medical expenses
2 past and future economic loss (including property damage
Loss of earning power)
3 past and future pain and suffering
4 loss of limb
5 ruined marriage
6 mental distress

57

Punitive damages AKA Exemplary damages

Arise from intentional torts or extreme willful and wanton negligence

Motive must be malicious, fraudulent or evil