Ldo1 Competency 315.4

Front 1

Recognize differing perspectives with respect to the social responsibility that extends above and beyond the legal requirements of the firm 315.4.1-1

Back 1

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Front 2

Identify the legal issues associated with negligence 315.4.1-2

Back 2

In order for a defendant to prove negligence you must do each of the following:
1) The defendant owed a duty of care to the plaintiff
a. People are free to act as they please as long as their actions do not infringe on the interests of others
b. Duty of care measured by reasonable person standard- Society’s judgment on how a reasonable person should act in the given situation.
2) The defendant breached that duty
3) The plaintiff suffered a legally recognized injury
4) The defendant’s breached caused that injury.

Front 3

Define various business torts, including wrongful interference, appropriation, disparagement of property and business defamation 315.4.1-3 (CH6)

Back 3

1) Wrongful Interference
a. Wrongful Interference with a contractual relationship
i. Valid, enforceable contract exists between two parties
ii. A third party must know this contract exists
iii. Third party must intentionally cause one of the parties to breach the contract for their economic gain
b. Wrongful Interference with a business relationship
i. An established business relationship
ii. Tortfeasor predatorily causes the business relationship to end.
iii. The plaintiff suffered damages
2) Appropriation
a. The use of another person’s name, likeness, or other identifying characteristics without the permission and for the benefit of the user.
3) Disparagement of property
a. Economically injurious falsehoods are made not about another reputation but about another’s product or property.
4) Business Defamation
a. Wrongfully hurting a business’s reputation.

Front 4

Define the concept of strict liability and the various defenses that businesses may use. 315.4.1-4

Back 4

Strict liability - liable without fault – If you keep anything that could do mischief if it escapes then you are held liable for the damages.

Defenses:

• Assumption of Risk: The defendant must show that (i) the plaintiff knew and appreciated the risk created by the alleged product defect, and (ii) the plaintiff voluntarily assumed the risk, even though it was unreasonable to do so. For example, I use a beta computer software program which is clearly labeled and required to be “checked off” as such, and my data is forever destroyed due to a bug in the beta program. Shame on me!

• Product Misuse: The defendant must show that (i) the plaintiff was using the product in some way for which it was not designed, and (ii) the plaintiff’s misuse was not reasonably foreseeable to the defendant, such that the defendant would be required to safeguard against it. For example, I purposefully stand on a trash can to change a light bulb, it caves in, and I am hurt.

• Commonly-Known Danger: The defendant must show that the plaintiff’s injury resulted from a danger so commonly known by the general public that the defendant had no duty to warn plaintiff. For example, using a knife.

• Knowledgeable User: If a particular danger is or should be commonly known by particular users of the product, the manufacturer need not warn those particular users. For example, an electrician using commonly used electric connectors and related materials.