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B. Law

QuestionAnswer
Torts Civil Wrong- a violation of another or another's property resulting in damage to the person or property
Civil v. Criminal Civil- No punishment is given, just compensation Criminal- going into trial with punishment intention
Assault Intentional- causing apprehension of an imminent harmful or offensive bodily contact
Battery Intentional- harmful or offensive bodily contact harmful touching + offensive touching
False Imprisonment Intentionally confining another's movement to certain boundaries, without consent, for an appreciable period of time
Intentional Infliction Conduct + Severe emotional distress
Defamation protects reputation- requirements of proof: communication
Defamatory Hurts reputation
Matter the communication was a misstatement of fact; opinions aren't matter misrepresentation of fact + not opinion
Types of defamation disparage, libel, slander
disparage defame business
libel physical form
slander oral
Disparagement libel or slander about a business; lander of title deal in stolen goods, slander of quality
Infliction of Emotional Distress Intentionally engaging in extreme, outrageous, socially-unacceptable conduct resulting in severe emotional distress
Invasion of Privacy Unauthorized appropriation-use of identity, commercial gain, without concent
Negligent not intentional, unreasonable behavior that causes injury-such as driving too fast on a busy street
Negligence Equation Failure to act reasonably + prevent foreseeable risk of harm
Breach A person is liable for the tort of negligence if they don't follow what is supposed to be done
Contributory Negligence under common-law, plaintiffs whose own negligence contributed to an injury were barred from recoving
Comparative Negligence A plaintiff's negligence is not a complete bar to recovery; a plaintiff's damages are reduced by whatever percentage her own fault contributed to the injury
Assumption of Risk Party knew of danger of activity or product
Strict Tort Liability 402A Restatement of Torts; a party produces a defective product making that product unreasonably dangerous, that party will be liable for injury caused by that product whether or not the party acted negligently
Roach v. Howard Stern Claim by Roach, Howard Stern and others affiliated with radio show caused the family emotional distress by their treatment of Roach's cremated remains on the show. Dismissed by trial court. Appellate Court ruled for family
Bailey v. Eminem Eminem used Bailey's name in vain in a song. Eminem won because it was an exaggeration of a childish act. Eminem entitled to summary disposition
Product Liability The area of legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by goods
Theories available for injured consumers against suppliers of defective goods Uniform Commercial Code (warranties), Negligence Law, Strict Tort Liability Law
Article II The Law of Sales to create uniformity among state laws on commercial transactions; applies to sales
Sale The passing of title from a seller to a buyer for a price
Contract of Sale of Goods where certain warranties arise, consumers and others can recover from any seller of losses resulting from a breach of express or implied warranty
Goods tangible + movable
Express Warranty made by overt, oral or written representations of fact about goods. Nothing is assumed. Describes the goods, quality, condition or performance potential
Implied Warranty merchantability + fitness particular pupose
merchantability reasonably fit for the ordinary purposes for which such goods are used merchant + sells goods
Implied Warranty of Fitness any seller knows of the particular purpose for which a buyer will use the goods and knows the buyer is making on the seller to select suitable goods
Liability without Fault Businesses may be liable for damages resulting from their merely selling defective products, even if they exercised reasonable care and intended no harm
Strict Liability Those selling any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability or physical harm thereby caused to the ultimate user or consumer or to his property
Who is liable? manufacturers of component parts, wholesalers, retailer
Underlying Rationale of Strict Tort Liability Unlike UCC, sellers can't disclaim or minimize this liability
Seller's Defenses Assumption of risk, product misuse, comparative negligence, commonly known dangers
Product Misuse the user or consumer misused the product in a way unforeseeable by the manufacturer
Contract legally enforcement agreement; promise the performance of which the law recognizes and obligation or the breach of which the law provides remedy
Legally Enforceable Contract? each party must transfer something of legal value to the other
consideration what the 1 party transfers to the other
Purpose of Contract Law agreement, "meeting of the minds", each bargains and negotiates to determine what to transfer to the other to get the desired exchange
Offer do the facts show intent (objective indication, present intent to contract?, can court determine terms too enforce, communication
acceptance an objective manifestation of a present intent to contract on the terms of the offer
Terms of the acceptance must.... be identical to the terms of the offer
Consideration bargain for + legal value + exchange
Statute of Frauds only requires that some contracts be evidenced by a writing
Express Contract Specific oral or written
Implied Contract Surrounding facts
Bilateral Contracts promise to do something in the future (pay off a house)
Unilateral contract promise for an act
Void Contract an agreement to do something illegal (bribery)
Voidable Contract legal contract that gives one party the right/option to cancel the contract
Mailbox Rule Acceptance is effective when sent if acceptance is sent by "authorized means"
Authorized Means offeror specifies a mean, acceptance is effective when sent, if offeror doesn't specify mean, then "authorized means is same means offeror used
IF an authorized means is not used by the offeree... the contract is created only when the offeror actually receives the acceptance
Newman v. Schiff Schiff made career and substantial profits out of his tax protest activities; expressed on radio "i will give $1000 who can prove me wrong, someone did, schiff won, no contract
Mesaros v. United States Authorized mint to make coins to benefit statue of liberty, when the form as received from Mesaros,all coins had been sold. marketing materials are "solicitations" of offers or invitations to make offers. coins are not offers
Logan Ranch v. Farm Credit Bank the bank loaned money, couldn't pay money back, 3rd party wants to buy ranch from bank. bank has to first offer to resell to ranch, bank does so but Logan can't pay offer by the date
Soldau v. Organon Soldau was fired, if Soldau gave up right to sue, they would pay double severance, Soldau signed and mailed letter, Soldau still sues
Alden v. Presley I'll pay your mortgage, presley dies, no contract to make him pay mortgage
Promissory Estoppel Revocation: offeror may revoke offer any time before offeree accepts at common law
Exceptions of Promissory estoppel irrevocable offers, option contracts (promises to hold an offer oopen for a certain time period, offeree relies on offer to detriment
Quasi In certain situations, the law regards it as unjust for a person to receive a benefit and not pay for it. Allows the performing person to recover the reasonable value of the benefit conferred on the benefited person even though no payment necessary
Parol Evidence Rule If parties have written agreement, parol evidence of prior communication will not be allowed to alter term of contract
Effect of Rejecting an Offer Any difference whatsoever between terms of offer and purported "acceptance" terminates offer and maks counteroffer
The purported acceptance can't be... "substantially the same" or "materially the same"
Created by: lebowisa
 

 



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