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79 Cards in this Set
- Front
- Back
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Tort
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A civil wrong not arising from a breach of contract; breach of legal duty that proximately causes harm or injury
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Business Torts
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Wrongful interference with another's business rights
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Cyber Tort
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a tort committed in cyberspace
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Damages
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Money sought as a remedy for a breach of contract or a tortious action
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Compensatory Damages
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A monetary award equivalent to the actual value of injuries or damage sustained by the aggrieved party
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Punitive Damages
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Monetary damages that may be awarded to a plantiff to punish the defandant and deter similar conduct in the future
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Intentional Tort
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A wrongful act knowingly comitted
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Tortfeasor
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One who commits a tort
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Assault
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Any word or action intended to make another person fearful of immediate physical harm; a resonably believable threat
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Battery
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The unexecused, harmful or offensive, intentional touching of another
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Defense
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A reason offered and alleged by a defendant in an action or lawsuit as to why the plantiff should not recover or establish what he seeks
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Defenses to assault and battery
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1)Consent
2)Self Defense 3)Defense of Others 4)Defense of Property |
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False imprisonment
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the intentional confinement or restraint of another person's activities without justification
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Intentional infliction of emotional distress
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an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another
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Defamation
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anything published or publicly spoken that cause injury to another person's name, reputation or character
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Libel
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defamation in writing/permanence
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Slander
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defamation orally
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Actionable
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capable of serving as the basis of a lawsuit. an actionable claim can be pursued in a lawsuit or other court action
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Publication
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means that defamatory statements are communicated to persons other than the defamed party
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Damages for slander
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loathsome disease, committed improprieties while engaging in business profession or trade, statement that someone committed serious crime, serious sexual misconduct
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Defenses against defamation
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Privleged communications
Absolute 1)court proceedings 2)legislative debate qualified 1)private interest related to statement 2)public figures-actual malice- knowledge of falsity or reckless disregard for truth |
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Invasion of privacy
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1)appropration of identity
2)intrusion into an individuals affairs or seculsion 3)false light 4)public disclosure of private facts |
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appropriation
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use by one person's name, likeness, or other identifying chacteristic without the permission and for the benefit of the user
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Fradulent Misrepresentation
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intentional diceit for personal gain,
must be statement of fact |
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Frivolous Litigation
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a party initiates a lawsuit out of malice and without probable cause and ends up losing the case
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Wrongful Interference with a contract
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tort to induce other to breach a contract, must have a causal connection, ususally predatory business behavior
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Trespass to land
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the entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization
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Conversion
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wrongfully taking or retaining possession of an individuals personal property and placing it in the service of another
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Unintentional torts
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someone suffers injury because of anothers faliure to live up to duty of care
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4 factors to prove negligent action
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1)defendant owed a duty of care to the plantiff
2) defendant breached that duty 3)plantiff suffered legally recognizable injury 4)defendant's breach caused the plantiff's injury |
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Duty of care
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people in society are free to act as they please so long as their actions to not infringe on the interests of others
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Causation in fact
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an act or omission without which an event would not have occured,
"but for" the wrongful act, the injury would not have occured |
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Proximate cause
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legal cause, exists when the connection between an act and an injury is strong enough to justify imposing liability
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Defenses of Negligence
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assumption of risk
superceding cause- unforseen risk comparative negligence |
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Res Ipsa Loquitur
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a doctrine under which negligence may be inffered simply because an event occured if it is the type of event that would occur in the absence of negligence
1)abdominal pain after a surgery |
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Negligence per se
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an action or failure to act in violation of a statutory requirement
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danger invites rescue
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drunk driver about to hit car, car swerves and hits biker, drunk driver responsible to damages to biker
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good samaritan
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a state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence, unless they act recklessly
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dram shop act
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a state statute that imposes liability on the owners of bars and taverns as well as those who serve drinks to the public for injuries resulting from accidents caused by intoxicated persons when the sellers of the drinks contributed to intoxication
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strict liability
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1) wild animals
2) fireworks 3)product liability |
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Promise
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an assertion that something will happen in the future
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Requirements of Valid Contracts
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1)agreement- includes an offer and acceptance
2)consideration- any promises made by the parties must be supported by legally sufficent and bargained for consideration 3)contractual capacity 4)Legality |
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Bilateral contract
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promise for a promise
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contract
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set of promises, an agreement, private law, enforceable by a court, volantary creation of obligations
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Unilateral contract
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a contract that results when an offer can be accepted only by the offeree's performance
“If the last 3 numbers of your SS# match the last three numbers of the VIN#, we’ll give you $100 |
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Formal contract
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a contract that by law requires a specific form for it to be vaild
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informal contract
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a contract that does not require a specified term or formality to be vaild
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express contract
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a contract in which the terms of the agreement are stated in words
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implied in fact contract
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a contract formed by conduct of the parties
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Quasi contract
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a fictional contract imposed on the parties by a court in the interest of fairness and justice, usually imposed to avoid unjust enrichment of one party over another
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agreement
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offer and acceptance
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offer
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1)must be serious, objective intent
2)Resonably certain terms 3) communication to oferee |
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Cases w/ objective intent
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1)offer in anger or jest
2)opinion 3)future intent 4)preliminary negotiations 5)most ads, price lists |
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Certain terms
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too vague, not an offer
some details missing, offer |
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Communicated to offeree
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not effective until oferee recieves
reward not due if finder did not know of award only specific oferees can accept |
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Options of offeree
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1)accept-contract formed
2)reject- kills offer, cannot accept later 3)counteroffer-rejection and new offer |
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termination by operation of law
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1)lapse of time
2)destruction of specific subject matter 3)death of offeror or offeree 4)supervising illegality of the proposed contract |
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acceptance
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a voluntary act by the offeree that shows assent, or agreement to the terms of offer
1)must be a mirror image of the offer |
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mailbox rule
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a rule providing that an acceptance of an offer becomes effective on dispatch, if mail is, expressly or impiedly, an authorized means of communication of acceptance of acceptance of acceptance to the offeror
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e contract
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-general contract law principles apply
-seller/licensor sets the terms -clicking is effective as acceptance |
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shrink wrap contracts
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agreement whose terms are enclosed in a box in which goods are packaged
-terms generally enforceable upon opening and using -courts sometimes refuse to enforce -browse wrap terms not enforceable because not agreed to (internet based) |
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E signitures
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befined in uniform electronic transaction act as an electroinc sound symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record
1)state law variation, though decreasing |
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Federal E sign act
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fed act specifically states that it does not preempt UETA in states that have adopted...but it does preempt other state E-signature laws
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Key E sign act provisions
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-agreement to act electronically
-attribution -notary reqirements -errors -timing: document is deemed sent, received: readable file arrives |
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Consideration
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-each party must have something at stake in an arrangement
-each party must suffer a legal detriment (bargained for) 1)new legal duty...or giving up exisiting right |
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Hamer v sidway
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“if you don’t drink, smoke, cuss, play pool or cards till you are 21, I’ll pay you $5000”
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past consideration
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an act that takes place before the contract is made and that ordinarily by itself cannot be consideration for a later promise to pay for the act
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forbearance
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the act of refraining from an action that one has the legal right to undertake
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recission
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a remedy whereby a contract is canceled and the parties are returned to the positions they occupied before the contract was formed, may be effected through the mutual consent of the parties, by the parties' conduct, or by court decree
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pre-exisiting duty
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one party was already obligated to due a job or a specific contract
(no consideration, no contract) |
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accord and satisfaction
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a common means of settling a disputed claim, whereby a debtor offers to pay a lesser amount than the creditor purports to be owed. THe creditors acceptance of the offer created an accord and when the accord is executed, satisfaction occurs
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release
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a contract in which one party forfiets the right to persue a legal claim against another party
1) given in good faith 2)stated in writing 3)accompanied by consideration |
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promissory estoppel
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1)promise
2)justifiable reliance 3)reliance substantial 4)injustice if promise not enforced -last chance -exception to consideration |
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contractual capacity
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the threshold mental capacity required by law for a party who enters into a contract to be bound by that contract
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Minors in contacts
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need protection from adults and youthful folly
-disaffirance provides this |
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diffirmance
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legal avoidance or setting aside of contractual obligation
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necessaries
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necessities required for life such as food shelter clothing and medical attention; may include whatever is believed to be necessary to maintain a persons standard of living/ social status
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Intoxication
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intoxicated person can avoid if so intoxicated that could not comprehend the nature of the transaction entered into
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illegal contracts
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void
court leaves parties where they are statutory violatons- generally contract is clearly in violation or not |
