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LA Unit 3 + 4
| Question | Answer |
|---|---|
| Tort Law (Liability) | = It's the set of rules for fixing problems caused by someone else's wrong or harmful actions |
| Settlement | = is the amount agreed upon to pay for damages |
| Common Law | = Judges base their decisions on previous cases. Previous Case Decisions rather than the Exact wording of the Law are used to decide cases. |
| Intentional Wrong | = Purposeful actions that cause harm or injury to another person. Require proof of intent to cause harm or engage in conduct with a substantial certainty that harm would result. |
| Negligence | = The failure to take reasonable caution. Failing a responsibility to another that causes hurt or injury. Duty of care, violation of duty, causation, and damages are usually needed to prove negligence. |
| Nominal Damage | = Symbolic money awarded when there's been a legal wrong, but the actual harm or loss |
| Compulsory Damage | = Money is awarded to make up for actual losses or harm suffered due to someone else's wrongful actions. |
| Punitive Damage | = Extra money awarded to punish a wrongdoer for seriously bad behavior and to discourage similar actions in the future. |
| Assault | = Intentionally making someone fear you'll harm them. |
| Battery | = Intentionally and physically hurting someone without their permission. |
| Trespass | = Going onto someone else's property without permission. |
| Nuisance | = Unreasonably bothering someone or interfering with their property or rights. |
| Consent | = If the injured person agrees to the actions willingly and knowingly. |
| Self-defense | = Using reasonable force to protect oneself from imminent harm. |
| Duty | = The accused wrongdoer, owed a duty of care to the injured person. |
| Breach of duty | = The wrongdoer's conduct breached or violated that duty |
| Causation | = The wrongdoer's conduct caused the victim harm. |
| Damages | = The victim suffered actual injuries or losses. |
| Contributory Defence | = Victim acted carelessly and contributed to the injury |
| Comparative Defence | = Victim and Accused were careless and contributed to injury |
| Assumption of risk Defence | = The victim knew about the risks and still chose to do it |
| Strict Liability | = Person or Company held responsible for harm caused by their actions or products, even if careful and with no intent. |
| Inherently Dangerous | = Certain activities that are innately dangerous like storing fireworks, or keeping wild animals |
| Defective Product | = is something that doesn't work right or can be dangerous to use |
| Product Liability | = means the people who make, sell, or distribute the product can be held responsible if it causes harm to someone |
| Contract | = A contract is an offer, acceptance, and exchange between two or more people done lawfully and with Competence. |
| Offer and Accept | = One person must make a clear offer to another, and that person must accept. Signing a contract or following its rules shows acceptance. |
| Exchange | = Both sides must give and take something of worth. This might be cash, gift cards, or anything valuable. The exchange amount can vary. |
| Competence | = Both parties must understand the law. This involves staying sober, not drinking, and not making unlawful or unethical deals. |
| Understand and Agreement | = Before signing the contract, ensure you understand and agree to its conditions. If you accept, it may be hard to back out. |
| Illegal Contracts | = A contract that was made for an illegal purpose and, consequently, violates the law. (Unlawful ones are not allowed by Law) |
| Unconscionable Contracts | = agreements so unfair that they make the court feel sick. (Unreasonable ones can be canceled) |
| Breach of contract:Material | : When someone doesn't do a major part of what they promised, making it hard for the other person to get what they wanted. |
| Breach of contract: Minor: | Not as serious as the big one. It's when someone doesn't do something small they promised, but the deal can still work overall. |
| Breach of contract: Anticipatory: | When someone says or shows they won't do what they promised before they were supposed to do it. |
| Breach of contract: Fundamental: | This is a really big problem. It's when someone messes up so badly that it ruins the whole point of the deal, making it almost impossible for the other person to get what they were supposed to get. |
| Warranty | = is a promise or guarantee from the seller that the things they are selling are not broken and will work properly. |
| Express Warranties | = are clear statements that sellers make to buyers about the Quality, Performance, or Features of a good or service. |
| Implied Warranties | = Automatic promises of good quality and performance, not Express buy implied. (Restaurant, Safety in Cars, Product, Lease) |
| Disclaimers | = statements that limit or deny certain responsibilities, say something like "This information is not guaranteed," (used to reduce legal risk or clarify) |
| Credit | = borrowing money or buying now with a promise to pay later. |
| Interest Rates | = Cost of borrowing money, based on a percentage of the amount borrowed. |
| Bankruptcy | = Legal process where people or companies who can’t pay debts and seek relief from some or all of their debts by the government |
| Default | = Failure to fulfill an obligation |
| Lien | = To hold a debtor’s property until the debt is paid |
| Advertising | = Presentation aimed at informing sellers about products/services. |
| Puffing | = Exaggerated advertising based on opinion or personal taste |
| Deceptive | = to trick or manipulate |
| Telemarketing | = selling or marketing goods and services via phone calls (unsolicited) |
| Online Shopping | = (E-Commerce) Purchasing goods/services over the web |
| Spam | = Unsolicited emails or ads often used to for fraud or deceptive offers. |
| Phishing | = Scammers pretending to be legit businesses to steal personal info |
| Direct Action | = an action that consumers take to make an impact on a business’s or other organization’s operations or profits |
| Consumer Rights | = legal protections aimed at ensuring Safety, Information, Choice, Voice, and Redress. |
| Financing | = You borrowed money from a bank to buy the car. |
| Leasing | = Monthly payments to be able to drive the car. |
| Mortgages | = Loans from Lenders like banks to buy a home. Buyer repays the lender with interest over usually 15–30 years. |
| Tenant | = A person who rents or occupies property owned by someone else. |
| Landlord | = The owner of the property who rents it to others |
| Eviction | = is the action of expelling someone, especially a tenant, from a property; expulsion |
| Insurance | = a practice or arrangement by which a company or government agency provides a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a premium. |
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