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Business Law Exam 2

TermDefinition
Tort A wrongful act by a person that causes harm to another person. Civil law permits the injured person to file a lawsuit to receive monetary compensation from the person who caused the injury
What compensation is available? Compensation is referred to as Monetary Damages. An injured person can recover
Compensatory Tort damages actual damages of the injured person such as lost wages, pain and suffering, mental distress, and past and future medical expenses
Punitive damages is awarded in addition to compensatory damages and is intended to punish the defendant for outrageous conduct and seeks to deter such conduct in the future
Intentional Torts When the person that acts wrongly actually intends to perform the action that results in the injury to another person
Unintentional Torts (or Negligence) A person’s actions, while not intentional, was not in keeping with the careful conduct we expect of others and thus the person is liable to the injured person
Assault (A types of Intentional Tort) An intentional act involving words or action that makes another person reasonably apprehensive of imminent harmful or offensive contact
Battery (A types of Intentional Tort) The intentional harmful or offensive physical contact with another person without that person’s consent which results in injury -The physical contact may be direct or indirect
False imprisonment -Intentional confinement or restraint of another person without authority or justification and without that person’s consent -If a means of exit is available there is no false imprisonment, but a person is not required to take dangerous risks or act wit
Doctrine of transferred intent Occurs when a person intends to harm someone but accidentally injures someone else -The person intended to be hit can file for assault.
Shopkeepers Privilege A shopkeeper’s defense against a claim of false imprisonment -Merchants may stop, detain, and investigate suspected shoplifters
Misappropriation of the right to publicity (or Tort of appropriation) Attempt by another person to appropriate a living (or deceased) person’s name or identity for commercial purposes -Heirs may sue if person is deceased
Defamation of character False statements stated as facts that injure an individual’s reputation or character
Types of Defamation 1.Slander 2.Libel 1.Oral defamatory statements 2.Written defamatory statements
Disparagement Untrue statement made about products, services, property, or reputation of a business, with the intent to cause injury to the business
Two types of medical damages you can sue for Past & Future medical experiences
What you can sue for in a tort Past & future medical expenses, lost wages, pain & suffering, punitive damages
Unintentional Tort A doctrine that says a person is liable for harm that is the foreseeable consequence of her actions
Negligence Failure to do something which a reasonable person would do in the same circumstance, or doing something which a reasonable person would not do in the same circumstance
Duty of Care The obligation each person has to another to act with the attentiveness, caution and prudence with which a reasonable person in the circumstances would
Breach of duty of care A person breaches her duty of care when she fails to exercise the care of a reasonable person in the given circumstance or to act the way a reasonable person would act in the given circumstance
Injury to plaintiff Personal injury or damage to the plaintiff’s property
Causation Defendant’s acts must be the actual and proximate cause of plaintiff’s injuries
Professional malpractice will the reasonable profession have done this
Negligence per se A defendant is automatically liable in negligence if the defendant violates a statute that is enacted to protect the injured person (plaintiff) and which results in an injury to plaintiff and the injury is of the kind protected by the statute
Res ipsa louista - “the thing speaks for itself” Applied by courts in circumstances where it would be difficult for a plaintiff to prove that a defendant was negligent
What are the 3 defenses against negligence? 1.Assumption of risk 2.Contributory Negligence 3.Comparative Negligence
Assumption of risk a principle that relieves a defendant of liability for a plaintiff’s injuries because the plaintiff by assuming the risk of injury inherent to a dangerous activity relieved the defendant of any DUTY to protect the plaintiff
Contributory Negligence Plaintiff who is partly at fault for her own injuries cannot recover against negligent defendant
Comparative Negligence Damages apportioned according to fault
Product Liability Liability of manufacturers, sellers, lessors, and others in the distribution chain of products for injuries to consumers caused by defective products
Product Liability Based on Negligence product liability based on negligence requires the defendant to be at fault for causing the plaintiff’s injuries
Product Liability based on Fraudulent Misrepresentation is based on intentional false communications about the product
Product Liability based on Strict Liability -liability without fault -Makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect product
Product Defects To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective
Defect in Manufacture Occurs when a manufacturer fails to: -Properly test a product -Properly assemble a product -Adequately check the quality of a product
Defect in Design occurs when a product is improperly designed
Failure to Warn Where a product is inherently dangerous and cannot be made safer to accomplish its intended purpose, a manufacturer must place conspicuous warnings on the product to alert potential users of the risk associated with using the product
Defect in packaging Manufacturers owe a duty to design and provide safe packages for their products
Generally known dangers -Certain products are inherently dangerous & are known to the general population to be inherently dangerous
Abnormal misuse of the product Relieves the seller of product liability if the user abnormally misused the product
Supervening event The manufacturer or seller is not liable if a product is materially altered or modified after it leaves the seller’s possession and that alteration or modification causes an injury
Assumption of risk Defendant must prove that the plaintiff: -Knew and appreciated the risk -Voluntarily assumed the risk
Statute of limitations Plaintiff must bring action within a certain number of years from the time that plaintiff is injured by the defective product
Statute of repose Limits the seller’s liability to a certain number of years from the date the product was first sold
Created by: NickUD