Business Law Exam 1 Ch. 4

Front 1

Assault

Back 1

the reasonableapprehension or fear of immediate contact.

Front 2

Battery

Back 2

completion(contact) of the assault.

Front 3

False Imprisoment

Back 3

Confinement orrestraint of another person’s activities without justification.Merchants candetain a suspected shoplifter as long as there is probable cause. Cities andcounties can also be liable if they detain suspects without reason.

Front 4

IntentionalInfliction of Emotional Distress

Back 4

Extreme and outrageous conduct.Some courtsrequire physical symptoms.Limited By theFirst Amendment when speech is about a public figure.

Front 5

Defamation

Back 5

Publication of afalse statement (oral or written) that injures a person’s good reputation.

Front 6

Invasionof the Right to Privacy

Back 6

A person has theright to solitude. Breach of that duty is a tort.Intrusion intoprivate affairs or seclusion.False Light.

Front 7

FraudulentMisrepresentation

Back 7

Intentionaldeception of another that causes belief in a condition that is different fromthe condition that already exists.

Front 8

NegligentMisrepresentation

Back 8

personowes a duty to another to give correct information

Front 9

Abusiveor Frivolous Litigation

Back 9

Plaintiff filessuit based on malice or without a legitimate legal reason and loses the suit,he can be sued for malicious prosecution, recover costs of suit and, insome states, lost profits.Abuse ofprocess: does notrequire proof of malice or prior litigation.

Front 10

WrongfulInterference with a Contractual Relationship

Back 10

Plaintiff filessuit based on malice or without a legitimate legal reason and loses the suit,he can be sued for malicious prosecution, recover costs of suit and, insome states, lost profits.Abuse ofprocess: does notrequire proof of malice or prior litigation.

Front 11

Trespassto Land

Back 11

Occurs when aperson, without permission, enters onto, above, or below surface of land ownedby another.

Front 12

Disparagementof Property: Slander of Quality

Back 12

falsestatement about another’s product that caused a third party to refrain fromdealing with plaintiff, causing financial loss

Front 13

Disparagementof Property: Slander of Title

Back 13

false statementabout legal ownership of another’s product resulting in financial loss.

Front 14

What is Neglegence per se?

Back 14

· violation of law is legal breach ofduty. Plaintiff must show: Defendantbroke a law/statute.Plaintiff is in special class to be protected;Statutedesigned to prevent injury to Plaintiff.

Front 15

What is strict liability?

Back 15

· Does not require fault, intent or breachof duty.Usually involves ‘abnormally dangerous’ activities and risk cannot beprevented.