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78 Cards in this Set
- Front
- Back
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Business Tort |
wrongful interference with the business rights of others and unfair competition |
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compensatory vs. punitive damages |
punitive only awarded if conduct is particularly bad, and to deter others from similar wrongdoing |
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intentional vs. unintentional tort |
unintentional = negligence |
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assault |
any intentional and unexcused thread of immediate harmful or offensive contact, including words or acts that create reasonable apprehension of harmful contact. |
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battery |
physical contact (unexcused, or offensive and results in harm) must be intentional |
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Shoyoye v. County of L.A. |
Shoyoye won, court determined he was falsely imprisioned by L.A. cops. |
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actionable |
capable as serving as grounds for lawsuit |
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Orlando v. Cole |
Trial court granted Cole' s motion to dismiss, appellate court reversed that decision, deciding that Cole's accusations against Orlando were not opinion, and were in fact defamatory. |
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to be libel or slander the message must... |
be communicated to a 3rd party |
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privilege |
immunity granted to a person or persons preventing them from being liable for defamation. like statements made by government officials in a legislative debate |
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defamation and public figures |
must be made with intentional malice, or know what you're saying isn't true. |
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appropriation |
use of another person's name, likeness, or other identifying characteristics without their permission and without benefit to them. |
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fraudulent misrepresentation |
intentional deceit for personal gain -damage suffered -knowing you're lying -justifiable reliance by other party -causal connection between injury and misrepresentation
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puffery |
sellers talk - more opinions, not legally binding |
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conversion |
wrongfully taking or retaining possession of an individuals personal property and placing it in service of another |
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negligence |
occurs when someone suffers injury because of another's failure to live up to a required duty of care. Actors conduct creates risk something will occur. No risk = no negligence. Risk must be foreseeable |
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4 Things needed to prove negligence |
Duty Breach Causation Damages |
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business invitees |
retailers and firms have duty to protect people (business invitees) from injury in their place of business |
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malpractice |
professional misconduct - negligence on part of professional. |
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causation in fact |
but for test. an act or omission without which the event would not have occurred. |
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proximate cause |
legal cause. exists when the connection between an act and an injury is strong enough to justify imposing liability |
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what two conditions need to be met for defendant to be liable in negligence claim? |
proximate cause and causation in fact |
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Palsgraf v. Long Island Railroad |
court decided railroad guards weren't negligent with respect to Paslgraf because her injury was not reasonably forseeable. no proximate cause. |
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Taylor v. Baseball Club of Seattle |
Taylor lost, appelate court affirmed judgement that Taylor should have understood risks of watching a baseball game. |
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superseding cause |
something that you wouldn't be liable for because it's so out of the ordinary and not expected. bike collision and subsequent plane crash example with crash causing extra burn injuries to bike victim. bike rider not responsible for those burns |
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contributory vs. comparative negligence |
contributory - plaintiff who was also negligent could not recover anything
comparative - both parties negligence taken into account |
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Res Ipsa Loquitor |
The facts speak for themselves. "surgical tool left in patient" |
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negligence per se |
occurs if someone breaks a statute and causes harm that the statute was trying to prevent. ie: driving 65 in a 60 and causing an accident. automatically guilty |
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Danger invites rescue doctrine |
original wrongdoer is liable for injuries to rescuer |
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good samaritan statue |
can't sue a good samaritan |
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dram shop act |
tavern owner may be liable for injuries caused by drunk patron |
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strict liability |
owners of dangerous activities always liable for injuries (blasting, wild animals, defective products) |
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contract |
agreement that can be enforced in court |
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objective theory of contracts |
intention to enter into a contract is determined by reasonable person standard |
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freedom of contract vs. freedom from contract |
free to enter into contract vs. being forced into one, or being a minor, etc. |
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Requirements of a Valid Contract (ACCL) |
1. Agreement 2. Consideration - having something at stake 3. Capacity - 4. Legality |
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bilateral contract |
promise for a promise |
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unilateral contract |
promise for an act. "if you drive my car to LA i'll give you $1000" she does or doesn't have to do it. if she does, contract is formed |
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Schwarzrock v. Remote Technologies |
Remote Tech won, appellate court affirmed EA contract was valid unilateral contract, and they didn't have to pay Schwarzrock the bonus. |
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formal contracts |
things like checks and promissory notes, need to be written a certain way |
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informal contracts |
all other contracts |
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express vs. implied contract |
express = lease implied = conduct creates contract "ordering food at restauraunt". you have to have opportunity to reject service if you don't want to pay |
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executed vs. executory |
performed vs. in progress |
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quasai contract |
no official contract, but court creates one out of fairness. ambulance takes unconscious person to ER, they would still have to pay even though they didn't choose to enter into the contract. Icicles about to rip down out of town neighbors gutter. he has to pay for the removal after friend called the maintance man. |
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Seawest Services v. Copenhaver |
Appellate court affirmed decision holding that Copenhavers were liable to Seawest for breach of quasi contract (they were using the water while not paying for it) |
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Wagner v. Columbia Pictures |
Wagner lost, appellate court affirmed lower courts judgement in favor of Columbia |
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Lucy v. Zehmer |
Lucy won, Zehmer had to sell the farm, inentions were viewed as reasonable by court |
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Basis Technology v. Amazon.com |
Appeals court affirmed finding that Amazon intended to be bound by terms of the email exchanges. emails were not ambiguous |
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revocation |
offeror can revoke before offeree accepts |
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option contract |
you pay offeror to hold offer open for you, they can't revoke it within this time period |
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Powerhouse Custom Homes v. 84 Lumber Co. |
Court held in favor of 84 Lumber, saying that because they didn't respond there was no agreement, acceptance needed to be unequivocal. Powerhouse was liable for the entire debt plus fees. |
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click on agreement vs. shrink wrap agreement |
liable after you click, liable after you open the box and keep the item |
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browse wrap items |
often unenforceable because they don't satisfy the agreement requirement |
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partnering agreement |
seller and buyer who frequently do business agree in advance to terms that will apply to all subsequent electronic transactions |
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2 Consideration requirements |
something of legally sufficient value has to be given in exchange for promise & must be a bargained-for exchange |
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forbearance |
the refraining from an action that one has a legal right to undertake |
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Hamer v. Sidway |
appelate court reversed decision and ruled in favor of Hamer (the nephew) on the account of his forebearance |
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past consideration |
NOT consideration - not bargained for |
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Illusory promise |
NOT enforceable - uncertain terms. Management "will give you a bonus at our discretion if you sell a bunch of stuff" no bargained for consideration here. terms vague |
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accord and satisfaction |
common means of settling a disputed claim, where a debtor offers to pay a lesser amount than the creditor purports to be owed (amount of debt must be in dispute) |
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liquidated debt |
amount has been agreed on |
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release |
contract in which one party forfeits the right to pursue a legal claim against the other party |
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covenant not to sue |
agreement to substitute a contractual obligation for some other type of legal action based on a valid claim. |
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Promissory Estoppel |
doctrine that can be used to enforce a promise when the promissee has justifiably relied on the promisor, and justice will be better served by enforcing the promise |
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Harvey v. Dow |
Supreme court reversed lower courts judgement and ruled in favor of Harvey, because her parents showed a commitment to transfer the land to their daughter. |
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Ratification |
the acceptance or confirmation of an agreement that gives legal force to an obligation that was previously not enforceable. Minor who reaches age can ratify a contract expressly or impliedly. |
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usury |
charging an illegally high interest rate |
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when is a contract with unlicensed person enforceable and not enforceable |
not enforceable if license was designed to protect public, enforceable if the license was just generating revenue |
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Sturdza v. UAE |
UAE won. Court ruled the architect couldn't sue because she wasn't licensed in D.C. the license was required to ensure safety of the public in D.C. |
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contrary to public policy |
not illegal, but not enforced by courts. Sale of head shop |
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covenant not to compete |
contract to refrain from conducting business similar to another party in a period of time in a specific geographic area |
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employment contract |
non compete agreements must be specific and reasonable. |
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Comedy Club v. Improv West Assoc. |
Appellate court reversed decision and ruled that the geographic area of the covenant was too broad, and timeline too long. CCI won. |
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Reformation |
court-ordered correction of a written contract so that it reflects the true intentions of the parties |
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unconscionable contract |
void because court deems them unfair or overly burdensome on one party |
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adhesion contract |
form contract written by one party and presented to other party on take it or leave it basis |
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exculpatory clause |
releases party in event of monetary or physical injury of other party, no matter who is at fault. |
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Blue sky laws |
State laws that regulate the offering and sale of securities for the protection of the public |
