Mac 703 - Business Law - Part 2

Front 1

All forms of civil liability are either ________ ________ as by contract, or ________ _______ as imposed by law. ______ liability is the second type. It is a private or civil (non-criminal) _____ or _______, independent of a _______ _________.

_____ law has 3 main purposes:
1. to __________ persons who ______ _____ or _______ resulting from another.
2. to ______ _______ at the _________ ___________
3. to _______ ________ harms / losses.

Back 1

voluntarily assumed; involuntarily assumed; tort; wrong or injury; contract violation;

tort;
1. compensate; sustain harm or loss;
2. place cost; appropriate party;
3. prevent future.

Front 2

The purpose of _____ law is to _______ the injured party, however, in certain cases, court may award _______ _______ which are over and above the necessary _________. These are allowed when defendant's conduct is ________ and ________ in order to deter others.

3 types of _____:
1. ________
2. ________
3. _______ _______

Back 2

tort; compensate; punitive damages; compensation; intentional; egregious

torts
1. Intentional
2. Negligent
3. Strict Liability

Front 3

______ does not require an ______ motive. It is the ______ to cause actual consequences or knowledge that they are ________ _______ to occur. (ie. Mark fires a weapon in the air in the desert, doesn't know Joe is there, but bullet strikes Joe, there is no ______.) _____ can be _______ if others are affected by the consequences. The defendant will not be liable if the conduct was ________, meaning it furthers an interest of social importance (ie _______ _______). Furthermore a plantiff's ______ is a defense against _____ _______.

Back 3

intent; evil; desire; substantially certain; intent; intent; transferred; privileged; self-defense; consent; intentional torts.

Front 4

Assault is the
1. ________ _______
2. _____ ______ ______ ___ ____ ___
3. _____
4. _______ _______ or ______ ______.

Assault is a _____, not _______ intrusion. Also the person in danger must have ________ of it. Usually committed before battery, but if battery fails, assault remains.

Back 4

1. Intentional conduct
2. which puts another in apprehension of
3. imminent
4. bodily harm or offensive contact.

mental; physical intrusion; knowledge.

Front 5

Battery is the
1. ___ _______
2. _______
3. _______ ______ ______
4. _________ _______ ____ ______.

Battery includes a pair of glasses because it is an ________ ____ _____ _______. Battery can also be acheived by the ______ of ________

Back 5

1. The intentional
2. offensive
3. touching of another
4. without consent or privilege.

extension of the body; use of objects.

Front 6

False imprisonment is the
1. _________
2. _______________
3. ______________
4. ___________
5. ____________
6. _________ _______.

May be brought about by _______ _______, _____________________ or __________________. Obstructing an _______ is NOT false imprisonment as long as there is an _________ ________. Depending on the state, merchant suspecting ______ customers of shoplifting may / may not be held liable for false imprisonment.

Back 6

1. Intentional
2. confinement of a person
3. against her will
4. within fixed boundaries
5. if the person is consciously aware of it or harmed by it.
6. without privilege.

physical force; the threat thereof; the threat thereof against a person's property; exit; alternate exit; innocent

Front 7

Defamation is the
1. __________
2. ___________
3. ___________
4. __________

If the defamation is by the written word, or other communicative power (____) it is called _____. If it is oral or spoken it is ________. Either way it must be communicated to a 3rd party, a process known as ________. If Maurice hand writes a defamatory letter to Pierre, that ________ defamation. Many defamation suits are brought by former employees against their employer.

Back 7

1. False communication ("publication")
2. to a 3rd party
3. causing harm / damage
4. to a person's reputation

TV; libel; slander; publication; is not

Front 8

Defenses to defamation:
There are three kinds of privilege (immunity from tort liability) in defamation suits:
1. ____________
this protects the defendant regardless of intent; this privilege includes:
a. _____________
b. _____________
c. _____________
d. _____________

2. ____________
this privilege is extended in cases where the defendant:
a. __________________
b. __________________
c. __________________
However, the privilege is forfeited by a publisher who ____________________.

3. ____________
this privilege extends freedom of speech about public figure, so long as there is no ____ (law def: ____________________ or ______________).

Congress passed the ____ granting immunity to _____ for defamatory statements made by its users.

Back 8

1. Absolute privilege
a. statements made by participants in a judicial proceeding (regarding the proceeding)
b. statements by Congress member on the floor
c. statements by executive branch officers while performing duty
d. statements regarding a third party between spouses while alone.

2. Conditional privilege
a. Protects his own important interests
b. Protects the important interests of the listener.
c. Protects interest of a 3rd party;
acts in an excessive or improper manner, or who lacks probable cause.

3. Constitutional privilege; malice; reckless disregard for the truth; knowledge of falsity;
CDA - Communications Decency Act; ISPs

Front 9

The invasion of privacy consists of 4 distinct torts:
1. _____________
2. ______________
3. _____________
4. _____________

Back 9

1. Appropriation of name of likeness
2. Intrusion
3. Public Disclosure of Private Fact
4. False Light

Front 10

Appropriation is the _________________________, also known as the "______________."

Intrusion is the _______________________
_______________. Examples include improperly entering another's __________; unauthorized __________ on _________ ________ and unauthorized examination of another's ___________ ________ / _______. The intrusion must be objectional to a reasonable person and include private matters. (Busting in a hospital room and seeing what your sick with.)

Back 10

unauthorized use of one's name or likeness for personal benefit; right to publicity;

unreasonable and high offensive interference with one's seclusion; dwelling; eavesdropping on private conversations; private records / papers;

Front 11

Public Disclosure of Private Facts is when ____________________ about another. Unlike intrusion, it requires ________. (not the same as ________ used in law of defamation, it means letting the ___________ know.) Also unlike defamation, this tort applies to truthful private information.

False Light is the _______________ _______________ ________________________
(placing someone in a rogue's gallery for criminals).


RECAP: Includes: Publicity, Private Facts, Offensiveness, and Falsity....
1. Appropriation?
2. Intrusion?
3. Public Disclosure of PF?
4. False Light?

Back 11

publicity is given to private information; publicity; publication; public at large

highly offensive publicity placing another in a false light with a reckless disregard for the truth.

1. Publicity
2. Private Facts, Offensiveness
3. Publicity, Private Facts, Offensiveness
4. Publicity, Offensiveness, Falsity

Front 12

Negligence is "the conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm".

The 4 elements of negligence are:
1. _____________
2. ______________
3. ______________
4. ______________

The ______________ imposed by law is measured by the degree of carefulness that a __________ _________ would exercise. A ___________ _________ is a fictitious person that is always careful and prudent. The _______ deicides that standard (? of law) for a ________ __________ and the ______ decides whether or not the defendant met that standard. The standard can also be enacted by ________.

Back 12

1. Duty (of care)
2. Breach (of duty)
3. Causation
4. Injury

duty of care; reasonable person; reasonable person; judge; reasonable person; jury; legislation;

Front 13

This 'reasonable person' standard can be modified by the following factors:
1. _________: conforms to a person of similar ______, ______, and ______. However, a _____ engaging in ______ behavior (driving a car, etc..) can be held to the same standard of care.
2. _______________: conforms to a _______ _______ having a like _________
3. _________ __________: the law does not recognize _______, ______, or _____________. The defendant is held to the standard of a _________.
4. _____________ - expect to behave like a reasonable doctor, etc..
5. _____________ - doesn't modify standard if the defendant created the ________.

Back 13

1. children; age, intelligence, experience; child; adult;
2. physical disability; reasonable person; disability;
3. mental deficiency; insanity, intoxication, or other mental deficiencies; reasonable person;
4. Superior skill or knowledge
5. Emergencies; emergency;

Front 14

If a statue is passed that defines a reasonable person standard, and civil liability is to be imposed on violators, then the defendant is liable if _______ _________ _______ ______ _________ (check duty and breach). This is known as _________ _______ ______. The three elements to have this are
1. _______________________
2. _______________________
3. _______________________
If these three are not met, the breach of duty of care must be met under the reasonable person standard.

Compliance with legislation or admin regulations does not prevent finding of negligence if a reasonable person would have taken additional precautions (example?). Legislative / Administrative rules establish __________ standards.

Back 14

causation and injury are proven; negligence per se;
1. Intent of statue is to protect class of plaintiff
2. Intent of statue is to protect from harm;
3. Resulting injury is type of harm the statue is designed to protect.
elevator example

speed limit example; minimum

Front 15

The _________ is not required except in certain circumstances. These circumstances include __________ / _______, ______/_________, ________ / _________, etc..

A _______ is also imposed on those conduct, whether innocent or tortious, ____________ and ______________________.
2 Examples?

Also there is a duty not to hinder others who are trying to help.

Back 15

duty to act; parent/child, carrier / passenger, store / customer; duty to act; has injured another; left him/her in danger of further harm

Example 1: Car wreck leaves injured party in middle of road
2: Finding a drunk person, leading him halfway up a staircase and then abandoning him.

Front 16

The possessor of land is required to exercise reasonable care to protect others who are not on his/her property. (ie. building a factory must not be dangerous for those off the site.) The duty to the possessor depends on whether those who come on it are:
1. _____________
2. _____________
3. _____________

A _________ is one who comes onto the land without permission. The only duty the possessor has is ____________________.

A _________ is a person who is privileged to enter / remain on land by the possessor's consent. (examples include: __________ and __________). A ________ will become a ________ if he enters into a portion of the land he is not invited to or his invitation expires. The duty of the possessor is to warn the ______ of ____________ and _____________. EX?

A __________ is a person invited upon land as a member of the ___ or for a ___ purpose. _______ are those who use parks, beaches, etc.. A _____ is one allowed to remain on premises for purposes of ____. Duty of poss. is ________. Example?

Back 16

1. trespasser
2. licensee
3. invitee

trespasser; not willfully harm;

licensee; social guests; solicitors; licensee; trespasser; licensee of known dangerous conditions; conditions that they will unlikely discover;
Ex: Henry invites Anne to the country, knows of a rickety bridge that is unseen in dark, doesn't tell Anne, she crashes. Henry liable.

invitee; public; business; public invitees; business visitor; transacting business; to exercise reasonable care to protect against dangerous conditions that the possessor SHOULD know and the invitee will unlikely discover.
Ex: Dave has well lit glass front door, Max mistakes glass for open doorway. Dave not liable. If doorway not well lit, David liable.

Front 17

A rule developed that permits juries to infer both _________ and __________ from mere occurrence of certain types of events. This is called _________ ___________ _______, or ____________________.
2 examples?

Back 17

negligent conduct (breach (of duty) and duty (of care)); causation; res ipsa loquitor; the thing speaks for itself;

Example 1: A piece of plaster falls from the ceiling a injures plaintiff.
2: A gentleman is crushed from a keg falling from the upstairs. (The negligence is inferred)

Front 18

In order for the defendant to have liability for negligence, for causation, there needs to be 2 facts est.:
1. __________
2. __________

______ ________ refers to the need to show that the defendants behavior directly resulted in the injury. This is done by the __________ rule (the event would not have occured, ________________). This test is not useful when 2 or more forces are actively operating. The ___________ _______ test addresses this problem. Example?

_______________ refers to the question _________________?
Palsgraf Example?

An ________ ________ is an act that occurs after the defendant's negligence to cause the harm. If the ________ _________ is a _________ __________, the defendant is relieved of liability. Example?

Back 18

1. cause in fact
2. proximate cause

cause in fact; but for; but for the defendant's conduct; substantial factor;
Ex: Two ppl set a fire, both try to blame the other. They are both liable.

Proximate cause; was the harm foreseeable?;
Ex: A lady was injured when a man with fireworks jumped on the back of a train, causing a big explosion, and thus making a large pillar fall on her. RR co. not liable.

intervening cause; intervening cause; superseding cause;
Ex. A large manhole is left uncovered, without warnings. At darkness a man falls in, the intervening cause is darkness, the defendant is liable. If the man falls in b/c a woman pushes him in, that intervening cause is a superseding cause

Front 19

For injury to be established in a negligence case, there must be ____________________. There has been a reluctance from the majority of courts to allow recovery for ____________, however, if ________ results from the ___________ _________, the defendant is held liable.

Back 19

harm to a legally protected interest; emotional distress; bodily harm; emotional distress

Front 20

There are certain defenses available in negligence cases that are not available in intentional torts. These are:
1. __________________
2. __________________
3. __________________

____________ is when the plaintiff's negligence is in any way responsible for the plaintiff's harm, he/she cannot recover damages from the defendant (only recognized in a few states). However, if the defendant had a _______________ to avoid injury to the plaintiff, the _______________ of the plaintiff does not bar his recovery of damages. (Very few states have this left - NC is one).

_____________ rejects __________'s harsh all-or-nothing approach. (___________ is abandoned in these states). In __________, damages are divided in proportion of fault/negligence found against them. In ________, the plaintiff recovers as in __________, unless his/her negligence was equal to or grater than the defendant. Numerical Example?

____________ is when the plaintiff knowingly accepted the harm. 2 types: _______ and ______. Examples?

Back 20

1. contributory negligence
2. comparative negligence
3. assumption of the risk

contributory negligence; last clear chance; contributory negligence

comparative negligence; contributory negligence; last clear chance; pure comparative negligence; modified comparative negligence; pure;
Ex. Plaintiff lost $30, 1/3 responsible. Defendant lost $36, 2/3 responsible. $30(.66) - $36(.333) = $8.

Assumption of the risk; Express assumption of the risk; implied assumption of the risk; written contract for bungee jumping and a implied assumption at a baseball game

Front 21

___________ is when a person is held responsible even without intention or negligence. The following activities give rise to _________:
1. _______________
2. ________________
3. ________________

A _______________ is one that carries a risk of __________ whose risk cannot be eliminated by ____________ and is not ________________. Examples include storing explosives, blasting, crop dusting, or drilling for oil in populated areas.

_____________ includes two types of liability.
1. __________ ________, meaning __________ are responsible for any damage their ___________ by _______ onto the property of another. Exceptions include ______________ which are _______________. More exceptions?
2. ___________ _______ - ____________ are liable for all harm caused, regardless of whether they are ________. However, ______________ are liable if they knew or should have known of the ________ dangerous propensity. Example?

____________ is the imposition on ___________ who sell __________ that are _________ to the public

Back 21

Strict Liability; strict liability;
1. abnormally dangerous activities
2. keeping of animals
3. products liability

abnormally dangerous activity; harming others; exercising reasonable care; a matter of common usage.

Keeping of animals; Trespassing animals; keepers of animals; animals cause; trespassing; dogs and cat owners; only liable for negligence; 1. liable only for neg. for animals straying from vehicle. 2. in west, keepers of cattle not strictly liable. Nontrespassing animals; Keepers of wild animals; trespassing; keepers of domestic animals; animal's
Ex. A dog that fights other dogs, won't necessarily bite humans, if does for 1st time, not strictly liable. A sheepdog that jumps all the time is liable for injuries sustained as a result of the jumping.

Product liability; manufacturers or merchants; defective or harmful products; harmful

Front 22

There are a few defenses to strict liability. Contributory negligence is ______________ to such a liability. Some states apply _________ to such a liability (most states do for ___________). _________ assumption of the risk is a defense.
Example?

Back 22

NOT a defense; comparative negligence; product liability; voluntary;
Ex: If you voluntarily and knowingly park your car in a blasting zone, and car is damaged, you can't recover damages. However, if blasting ops. are established in a land next to yours, you don't have to move and the blasting co. is liable for damages to your property.