Business Law Exam 2
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| 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
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| What compensation is available? | Compensation is referred to as Monetary Damages. An injured person can recover
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| Compensatory Tort damages | actual damages of the injured person such as lost wages, pain and suffering, mental distress, and past and future medical expenses
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| 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
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| Intentional Torts | When the person that acts wrongly actually intends to perform the action that results in the injury to another person
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| 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
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| 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
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| 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
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| 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
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| 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.
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| Shopkeepers Privilege | A shopkeeper’s defense against a claim of false imprisonment
-Merchants may stop, detain, and investigate suspected shoplifters
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| 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
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| Defamation of character | False statements stated as facts that injure an individual’s reputation or character
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| Types of Defamation 1.Slander 2.Libel | 1.Oral defamatory statements
2.Written defamatory statements
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| Disparagement | Untrue statement made about products, services, property, or reputation of a business, with the intent to cause injury to the business
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| Two types of medical damages you can sue for | Past & Future medical experiences
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| What you can sue for in a tort | Past & future medical expenses, lost wages, pain & suffering, punitive damages
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| Unintentional Tort | A doctrine that says a person is liable for harm that is the foreseeable consequence of her actions
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| 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
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| 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
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| 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
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| Injury to plaintiff | Personal injury or damage to the plaintiff’s property
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| Causation | Defendant’s acts must be the actual and proximate cause of plaintiff’s injuries
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| Professional malpractice | will the reasonable profession have done this
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| 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
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| 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
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| What are the 3 defenses against negligence? | 1.Assumption of risk
2.Contributory Negligence
3.Comparative Negligence
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| 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
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| Contributory Negligence | Plaintiff who is partly at fault for her own injuries cannot recover against negligent defendant
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| Comparative Negligence | Damages apportioned according to fault
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| Product Liability | Liability of manufacturers, sellers, lessors, and others in the distribution chain of products for injuries to consumers caused by defective products
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| Product Liability Based on Negligence | product liability based on negligence requires the defendant to be at fault for causing the plaintiff’s injuries
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| Product Liability based on Fraudulent Misrepresentation | is based on intentional false communications about the product
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| 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
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| Product Defects | To recover for strict liability, the injured party must first show that the product that caused the injury was somehow defective
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| Defect in Manufacture | Occurs when a manufacturer fails to:
-Properly test a product
-Properly assemble a product
-Adequately check the quality of a product
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| Defect in Design | occurs when a product is improperly designed
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| 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
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| Defect in packaging | Manufacturers owe a duty to design and provide safe packages for their products
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| Generally known dangers | -Certain products are inherently dangerous & are known to the general population to be inherently dangerous
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| Abnormal misuse of the product | Relieves the seller of product liability if the user abnormally misused the product
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| 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
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| Assumption of risk | Defendant must prove that the plaintiff:
-Knew and appreciated the risk
-Voluntarily assumed the risk
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| Statute of limitations | Plaintiff must bring action within a certain number of years from the time that plaintiff is injured by the defective product
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| Statute of repose | Limits the seller’s liability to a certain number of years from the date the product was first sold
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