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Business law I > Chapter 6 > Flashcards

Chapter 6 Flashcards

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1
Q

Tort

A

A civil wrong not from a breach of contract

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2
Q

Tort Law

A

Compensation for people who suffered due to someone else

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3
Q

Plaintiffs seek remedies in…

A

Tort actions

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4
Q

Damages

A

Monetary compensation

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5
Q

Compensatory Damages

A

Compensates injured party for actual losses

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6
Q

Special damages

A

Actual out of pocket (money) compensation

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7
Q

General Damages

A

Compensation for value of pain, suffering and emotional damage

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8
Q

Punitive Damages

A

Punishes wrongdoer for outrageous and shameful conduct

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9
Q

Gross Negligence

A

Intentional failure due to recklessness without care for the consequences

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10
Q

What are the 2 classifications of torts?

A

Intentional and unintentional

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11
Q

Intentional torts

A

Violations committed on purpose (fault plus intent)

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12
Q

Unintentional torts

A

Negligence from failure to act reasonably (fault without intent)

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13
Q

Transferred Intent

A

Intentionally hurting someone, but someone else gets hurt unintentionally

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14
Q

Assault

A

Any word or action w/ the intent of instilling fear and/or threatening their safety

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15
Q

Battery

A

Non consensual touching of another person

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16
Q

False Imprisonment

A

Confining/restraining someone w/o justification

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17
Q

Intentional Infliction of Emotional Distress

A

When someone purposely acts outrageously to the point of causing severe distress to another

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18
Q

Defamation

A

Misinformation meant to tarnish someone else’s reputation

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19
Q

Libel

A

Written defamation

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20
Q

Slander

A

Oral deformation

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21
Q

Statement of Fact Requirement: A statement isn’t deformation unless…

A

The statement is false + represents a fact

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22
Q

Publication (in terms of defamation)

A

Defamatory statements are spread to everyone except the defamed person(s)

It’s like rumors

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23
Q

It’s deformation unless…

A

It’s the truth

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24
Q

Invasion of Privacy

A

Intruding someone else’s space of solitude and freedom

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25
Does everyone have the right to privacy?
Yes! Even the US Constitution said so!
26
Fraudulent Misrepresentation
Spreading misinfo w/ the intent of deceiving others
27
Puffery
Exaggerated sales talk that’s opinionated and not legally binded
28
Can you sue puffery?
No
29
When does Statement of Fact vs Opinion occur?
When there is reliance on statement of fact
30
When can reliance on statement of opinion involve the statement of fact vs opinion tort?
If the person making the statement of opinion is more knowledgeable of the subject matter
31
When does Negligent Misrepresentation arise?
When the person making the representation DIDNT have a reasonable basis to believe it
32
Abusive or Frivolous Litigation
Suing someone for harassment
33
Is suing someone for harassment misusing litigation?
Yes. People can’t be sued without a legal reason
34
Malicious prosecution
Imitating a lawsuit out of malice
35
Abuse of process
Using a legal process against another for a different purpose
36
When a 3rd party intentionally leads a party to breaching a valid contract, it is a…
Wrongful interference w/ a contractural relationship
37
Interference w/ another business to get a better gain on the market is a…
Wrongful interference w/ a business relationship
38
Torts against privacy
Actions that interfere w/ an individual’s property
39
Trespass to land
Entering someone’s land w/o permission
40
Liability to harm
The trespasser is liable for damage caused to another’s property
41
Attractive Nuisance Doctrine: The landowner can be held liable if…
A child trespasses their land and gets injured
42
Trespass to personal property
Interfering w/ another’s right to possession of their personal property
43
Conversion
Wrongfully taking or using someone else’s property, thinking that they’re entitled to it
44
Does failure to return goods even with intent count as Conversion?
Yes
45
Slander of Title
Publishing a statement that doubts someone’s ownership of their property
46
Negligence
When someone gets badly injured due to someone else’s failure to owe a duty of care
47
What is the most common type of tort?
Negligence
48
Duty of Care
The duty of everyone to act carefully so nobody gets hurt
49
Business invitees
Customers or clients invited onto business premises for business purposes
50
Malpractice
The negligence/failure to exercise the degree of care as a professional
51
Are landowners and business owners responsible to warn people of ALL risks?
No. They must warn people of foreseeable risks, but not obvious ones
52
What does causation in fact ask?
Would the person still be injured if not for xyz?
53
Proximate cause exists when…
Thete is a strong enough connection between the act and the injury to justify imposing liability
54
Is it a proximate cause if the act was unforeseeable?
No
55
Are compensatory damages the norm in negligence cases?
Yes
56
When can punitive damages be awarded in negligence cases?
If the defendant’s conduct was grossly negligent
57
Good Samaritan Statute
A statute saying that people who rescues or provide medical services to people in peril can’t be sued for negligence. Mainly protects medical professionals
58
Dram Shop Act
A statute that imposes liability on owners of bars and taverns for injuries by their intoxicated customers
59
What is a common defense against negligence claims?
The plaintiff failed to prove the existence of 1+ elements for negligence
60
The 3 affirmative defenses in negligence cases are:
1. Assumption of risk 2. Superseding cause 3. Contributory and comparative negligence
61
Assumption of risk
A defense that’s used when the plaintiff was aware of a danger and it’s risks, and voluntarily takes that risk
62
Superseding cause
The force or event that breaks the connection between a wrongful act and the plaintiff’s injury
63
Contributory negligence
A theory that the plaintiff’s own negligence contributed to/is the result of their injuries
64
Comparative Negligence
A theory that the liability for injuries resulting from negligence is shared by everyone involved based on how negligent each person was.
65
Does comparative negligence include the injured party/plaintiff?
Yes
66
50% rule
If a plaintiff is more than 50% at fault, they will recover nothing

Business law I (16 decks)

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