Blaw 371 Exam 2

Front 1

TORT

Back 1

Breach of a duty owed to another resulting in injury or loss.

Front 2

Negligence

Back 2

Failure to act as a reasonable person would in the same set of circumstances.

Front 3

Forseeability

Back 3

How capable of being forseen were the injury/loss by a reasonable person.

Front 4

Reasonable person

Back 4

Law looks through the eyes of a reasonable person.

Front 5

Res Ipsa Loquitor

Back 5

1)Whatever happened doesn't normally happen without negligence
2) Knows whos thing it was
3) Injured party can't have been negligent themselves.

Front 6

Causation/Proximate Cause

Back 6

Were injury/loss natural cause of the negligent actions.

Front 7

Intervening factors

Back 7

1) Time/Space
2) Intervening factors
3) Injured parties own negligence

Front 8

Assumption of Risk

Back 8

being aware of risk and doing it anyways.

Front 9

Contributory Negligence

Back 9

If the injured party is less negligent.

Front 10

What does Implied warranty of Mercentibility promise?

Back 10

The good will be fit for the purposes for which it was intended to be used.

Front 11

Products Liability

Back 11

Defective product, unreasonably dangerous, proximate cause, injury or loss, but no use or alteration.

Front 12

Workers Compensation

Back 12

1) Workers gave up their right to unlimited damages in exchange for not having to prove the boss negligent.

2) Management gave up their right to be proven negligent for a structured system of settlement.

Front 13

Fixtures

Back 13

Leaves a scar when it's gone.

Front 14

Joint Tenancy

Back 14

Have to be equal

Front 15

Tenancy in Common

Back 15

Inheritable

Front 16

Life Estate

Back 16

Limited interest in property for a limited amount of time.

Front 17

Easement

Back 17

Right to come upon real property.

Front 18

Adverse Possession

Back 18

1) actual 2) open 3) Hostile 4) statutory amount of time

Front 19

Partnership disadvantage

Back 19

Unlimited personal financial liability for the debts of the partnership.

Front 20

2 things that are limited in a Limited Partnership

Back 20

1) Liability 2) Ability to participate in the business

Front 21

3 characteristics of a Limited Liability Company

Back 21

1) Taxed as a partnership
2) Liability limited to your investment
3) Can participate in the business

Front 22

Articles of Incorporation

Back 22

Formal legal document starting the incorporation process.

Front 23

Certificate of Incorporation

Back 23

Birth certificate of corporation

Front 24

Doing Business Doctrine

Back 24

Tells us how much business we can do in a foreign state without getting their permission

Front 25

Signature Liability

Back 25

Co-signing for the corporation

Front 26

Sub Chapter S Corporation

Back 26

If you are a closely held corporation (75 stockholders or less), you may choose to be taxed a partnership.

Front 27

Undisclosed Agency

Back 27

Done if the principal doesn't want the 3rd party to know who they are.

Front 28

Ways to show former employees don't have Apparent Authority

Back 28

Inform clients, take away identifying paraphenilia

Front 29

Employee vs Independent contractors

Back 29

Control

Front 30

Doctrine of Respondeat Superior

Back 30

The principle is responsible for the TORTs of their agent committed in the scope of their employment.

Front 31

Employment at Will

Back 31

Person can be fired for no reason.