Bse

Front 1

Vicarious Liability

Back 1

Legal responsibility for the acts of another person because of some relationship with the person; the liability of an employer for the acts of an employee.

Front 2

Respondent Superior

Back 2

Let the master respond. Doctrine holding the employer liable for negligent acts committed by an employee while in the course of employment

Front 3

Negligent Hiring

Back 3

Jury has to decide what a reasonable person would do and determine if negligence is coming into play.

Front 4

Employment at Will

Back 4

No specified period of employment; no obligation to continue the relationship. “Hand shake”. Either employer or employee can stop at any time.

Front 5

Scope of Employment

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Limitation on master’s liability to only those torts that a servant commits while “about the master’s business”.

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Minimum Wage

Back 6

National minimum wage set by the government. $5.15 State can set higher minimums. Chicago: $7.60.

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Unemployment Compensation

Back 7

Compensation for unemployed citizens of the United States.

Front 8

Workers’ Compensation

Back 8

(laws) State statutes providing fixed recoveries for injuries and illnesses sustained in the course of employment. Under those statutes, workers need not establish fault on the part of the employer. There is a fine line that must be determined whether the person was “working” or not. A person on a cell phone making a deal is considered to be working if they become injured at that point.

Front 9

Frolic and Detour

Back 9

What an employee is doing when the employer is not liable for his actions.

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EEOC

Back 10

Equal Employment Opportunity Commission, The federal agency responsible for enforcing the federal laws forbidding discrimination in employment. If necessary, EEOC will engage in litigation. It received many more cases than it can cover, but it has a priority system and tries to resolve at least 8,000 cases annually.

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Disparate Treatment

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Theory of employment discrimination wherein an individual or group is intentionally disfavored via actual discriminatory policies and practices. Deliberate treatment of some better than others due to race, etc.

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Disparate Impact

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Seemingly neutral standards impose a heavier burden on protected class. For example, requiring a high school diploma results in an unfair and adverse impact on a protected class.

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Four-Fifths Rule

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Employers will generally be presumed in noncompliance with the guidelines for adverse impact if the selection rate, such as being hired or being promoted for any protected class is less than 80 percent of the selection rate for the group with the highest rate.

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BFOQ

Back 14

Bona Fide Occupational Qualification, Sex, religion, national origin, but not race or color which can never meet the BFOQ test. Modeling women’s clothing can only be done by women for example.

Front 15

Sexual Harassment: Quid Pro Quo

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Sex. Harassment cases where employment benefits are conditioned on the subordinate’s submission to sexual advances. Quid Pro Quo means exchanging one thing of value for another.

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Sexual Harassment: Hostile Environment

Back 16

Form of sexual harassment in which sexual conduct, sexual remarks, sexual depictions, and the like render the workplace offensive and intimidating such that the performance is affected even though no tangible employment action has occurred.

Front 17

Affirmative Action

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A government/private sector program, springing from the civil rights movement, designed to actively promote the employment or education opportunities of protected classes rather than merely forbidding discrimination.

Front 18

Wrongful Discharge

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Tort of dismissing another from employment in violation of public policy.

Front 19

Living Wage

Back 19

The price it costs to live in a city, many times the minimum wage is much less than the living wage, meaning even though people have jobs, they still qualify for welfare. Big question is should there be a minimum wage at least as high as the living wage.

Front 20

Duty to Bargain in Good Faith

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When acquiring a company, usually the company will abide by the terms set forth by the other company, but the company does have the ability to bargain with the union for new wages and so forth.

Front 21

Common Law Fraud

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Elements of the fraud include Misrepresentation of material fact, intentional misrepresentation, Justifiable reliance by the injured party, or a resulting injury. Some remedies for the situations include Rescission of the contract, Damages resulting from the injury, Punitive damages in cases of malice.

Front 22

Unconscionable Contracts

Back 22

Some contracts are created to be so unfair and one-sided that courts won’t enforce the contract, but they won’t protect from a person’s own stupidity. Once you sign a contract and you realize the terms are absolutely ridiculous, you can go to court and they can determine if it is an unconscionable contract.

Front 23

Consumer Product Safety Commission

Back 23

The Agency created to protect consumers from defective products in over 15,000 consumer products. Many times companies will go to the CPSC and voluntarily recall their own product so it isn’t announced that the product is dangerous. Some examples, Canned beets, Cochlear auditory implants, Mislabeled pesto, no idea why, but they are some recalls due to CPSC pressure.

Front 24

Fair Credit Reporting Act

Back 24

– Created to protect against inaccuracies in credit records. Such as, In most cases negative information more than 7 years old must not be reported, and you must provide written consent before a CRA can provide information to your employer or prospective employer.

Front 25

Equal Credit Opportunity Act

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Created to prevent discrimination in the availability of credit. Credit must be extended to all creditworthy applicants regardless of sex, age, race, color, religion, national origin, or marital status.

Front 26

Fair Debt Collection Practices Act

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Created to prevent harassing tactics to collect debts. Collectors must always disclose his role as a collector as well. The FDCPA forbids, use of obscene language, use of threats or physical force, repeated phone calls with the intent to harass, etc.

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Tort Reform

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A tort is a civil wrong, not arising from a contract, for which a court will provide a remedy. This basically deals with the idea that there needs to be a reform in the tort system. For example, many tort settlements become so expensive for the country. Some of the examples of how the court system is abused is with the kid who sued when he had his hand run over when he was trying to steal a hubcap.

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Theories of Product Liability

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Including Negligence, Breach of Warranty, and Strict Liability

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Common Law Negligence

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Failure to observe duty of care, breach of duty causes injury, Breach of duty was the proximate cause, not a remote cause of the injury, and Plaintiff must prove physical injury measured in dollar terms. Many times companies will weigh putting safety features on a product with the cost of how many liability claims they are expecting to get. Generally any emotional injury w/out a physical injury will not be rewarded except for the case in which a mother sees her child hit by a car, many times this will be rewarded but a father who sees the same will not be rewarded. Another example deals with if McD’s was negligent for its hot coffee. It was well-known for hot coffee, but was it negligent for burning that stupid bitch because it did not change its recipe for its hot coffee?? She did win the case. Lots of other examples in the notes.

Front 30

Warranty of Merchantability

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An implied warranty. This means that as long as the seller is a merchant regularly selling goods of the kind in question, the warranty of merchantability simply accompanies the sale unless the warranty is excluded via a disclaimer. An example is regarding car dealerships. This warranty is part of a new car purchase and it is basically a warranty that tells you the car will do what it is supposed to do.

Front 31

Warranty of Fitness for a Particular Use

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An example of this is if you tell a stereo seller that you want a stereo that you can hear loud and clear as you are driving in your convertible with the top down very fast, then this warranty means that whatever he sells you should cover what you are expecting from it. Whatever particular use you are buying something for, this warranty means that what you buy should cover it.

Front 32

Express Warranty

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A guarantee made by affirmation of fact or promise, by description of the good, or by sample or model. This exists if a seller of goods states a fact or makes a promise regarding the character or quality of the goods, those goods must come through and be true of his claim.

Front 33

Strict Liability

Back 33

– Civil wrong springing from defective and “unreasonably dangerous” products where responsibility automatically attaches without proof of blame or fault. If a product is defective and dangerous, and it wasn’t changed after it was sold, the seller is still liable. For example, a parent sued a cigarette lighter for not manufacturing a safer cigarette lighter. The manufacturer wanted one that was easier to light so they opted for the less safe lighter, so since there was a way it could’ve been safer, they were liable.

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Liability for Emotional Distress

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A person can collect damages for emotional distress as well as physical injury. If a murderer is found guilty, they would also be considered liable for the emotional distress caused to the family of the victim.
Example: Palmer v Nan King Restaurant – Plaintiff suffered emotional distress after chewing a used band-aid in takeout food. Plaintiff suffered no physical injury, but a prior case says plaintiff cannot recover for emotional distress unless there was physical injury because the physical impact of the band-aid in mouth was not enough.

Front 35

Assumption of the Risk

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May be a person who willingly enters a dangerous situation. Two conditions: knowledge of the risk; voluntary assumption of the risk. Ex. If a driver sees that the road ahead is flooded, he will not be compensated for injuries sustained when he loses control of the car because of the water.

Front 36

Comparative Negligence:

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Weighing the negligence of the parties. A plaintiff’s recovery is reduced by the percentage equal to the percentage of the plaintiff’s fault in the case.
Example: Plaintiff had $10,000 worth of injuries in an accident but plaintiff’s own negligence was 20% so only get $8000

Front 37

Proximate Cause:

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The plaintiff must establish that the defendant’s actions were the proximate cause of the injury.
Example: Community’s allegedly negligent maintenance resulted in a blocked road, forcing plaintiff to take a detour. On detour, plaintiff’s car struck by rock falling from sky so the community’s negligence was the proximate cause of the accident.