Blaw Test 2

Front 1

Restatement 402 A of Torts

Back 1

holds a manufacturer strictly liable for defective products.

-cant be modified by user

-product must be understandably dangerous because of defect.

Front 2

What is an Express warranty?

Back 2

when you market a product, you can give the product an express warranty by saying it can cut through steel. must do what you promise.

If you selling a sample, the good must be just as good

Basically it protects buyer from being tricked by a manufacturer

Front 3

What is an implied warranty?

Back 3

Protects buyer from being tricked by the salesman. Like when you ask for snow tires and the mechanic gives you desert tires.

Front 4

Statement of fact

Back 4

Create an express warranty

If someone is talking straight **** and throwing false facts, you can take them to court for "Defamation"

Front 5

Statement of opinion

Back 5

does not create express warranty

Not actionable, protected by first amendment. Someone can say they think your business is ****.

Front 6

Wrongful interference of a contractual relationship

Back 6

third party must know there is a contract, and want to induce person A to break it

If you're working under contract for $60,000 and a guy says **** that I'll $100k yo work for me. He's breaching the contract.

Front 7

Invasion of privacy

Back 7

Suing someone for intruding in my private affairs.

must be highly offensive

if you have video of someone they better be okay with you using that video with them in it.

Front 8

Fraudulent Misrepresentation

Back 8

(6)

Intentional deception for personal gain.

If they're saying something that's true, not fraudulent misrepresentation.

Must be more than sellers talk.

Front 9

Defamation

Back 9

Illegal to ruin people's reputation for no reason.

made to harm plaintiff's reputation.

Public figures do not fall under this category.

Front 10

Libel

Back 10

Defamation in written or other permanent form.

Front 11

Slander

Back 11

(6)

Defamation spoken orally

When someone talks **** & it actually hurts your business (like money)

have to show proof it damaged your company

Front 12

Slander per se

Back 12

(6)

When someone talks **** but you don't have to show financial loss

ex. He has an std or he has a felony

dont need to show proof of financial loss.

Front 13

Conversion

Back 13

(6)

Using someone's property as if it is your own

first trespassing happens, the "conversion" happens

Front 14

Assault & Battery

Back 14

(6)

Assult - if the person feels afraid

Battery - touching the person

ex. guy points a gun at you (Assult) guy shoots you (battery)

Front 15

Commerce clause

Back 15

allows govnt to regulate commerce with foreighn nations, states and indian tribes

affects commerce in between states

Front 16

Bill of rights

Back 16

first 10 amendments

absolutely protects individuals from an over reaching state and federal government.

Front 17

1st amendment

Back 17

freedom of speech

Front 18

2nd amendment

Back 18

bear arms

Front 19

3rd amendment

Back 19

no quartering soldiers

Front 20

4th amendment

Back 20

can't be violated, need a warrant.

Front 21

5th amendment

Back 21

plead the 5th, don't need to talk to police

Front 22

6th admendment

Back 22

Guartees a citizen a speedy trial, a fair jury and an attorney if the person wants one.

Front 23

10th amendment

Back 23

defines the balance of powers,

Judicial - Supreme court

Execetuive - president and cabinet

Legislative - congress

Front 24

article I of constitution

Back 24

Legeslative branch, the election of senator and they are responsible for making laws

Front 25

article II of constitution

Back 25

Executive Branch - president is comander in cheif.

president can veto a law, then congress must need (#/#) to win the veto

Front 26

article III of constitution

Back 26

Judicial branch

looks at a law and applies it to diffrent cases

made up of supreme court and all other courts

Front 27

Negligence

Back 27

Intent is missing

risk must be forseable

recognised if injury and damages

breached duty of care

Front 28

Negligence per se

Back 28

danger invites rescue

the argument is not if the act was negligent or not, we know the act was negligent, the argument is if this act caused damage or not.

Front 29

Intentetional torts

Back 29

arise from intentional violation of a person (assult, battery)

requires fault plus intent

dont have to be evil or harmful, can pulll a chair from someone and thats an intentional tort

Front 30

strict liablity

Back 30

liability without fault

abnormally dangerous or ultra hazzarodous activities fall under strict liability

any person that engages in the activity can be held responsible for any harm that results even if utermost care is used

example is lady getting hit in the face with a base ball.

Front 31

product liability

Back 31

one who makes, sells or leases goods can be held liable for physical harm or property damage by the consumer.

there should be placing appropriate warnings and adequate testing

Front 32

statute of repose

Back 32

(Ch 7 )

limeted amount of time to bring up the lawsuit.

12-25 years from the date of the sale or manufacture of the defective product

Front 33

what are enumareted powers?

Back 33

list of items found in article i section 8, congressmay excerise the powers that the constitution grants it.

Front 34

what is Supremacy clause

Back 34

article 1 section 8, allows congress to lay and collect taxes, duties imposts (tax) and excises (tax on certain goods)

Front 35

what are warranties of title?

Back 35

Seller warrants that they have a good title

Item is clear of leans

No infringements (free of any copyright)

Disclaimer of title warranty because you cannot guarantee a clean title (tax foreclosure)

The UCC provides for the following warranties of title [UCC 2–312, 2A–21

1]: In other words, courts interpret two or more warranties as being in agreement with each other unless this construction is unreasonable. If it is unreasonable for the two warranties to be consistent, then the court looks at the intention of the parties to determine which warranty is dominant. Conflicting Warranties If the warranties are inconsistent, the courts usually apply the following rules to interpret which warranty is most important: Chapter 23 Warranties 447 1. Good title—A seller warrants that he or she has the right to pass good and rightful title to the goods.

2. No liens—A seller warrants that the goods sold are free of any encumbrances (claims, charges, or liabilities—usually called liens). A lessor warrants that the lessee will not be disturbed in her or his possession of the goods by the claims of a third party.

3. No infringements—A merchant-seller warrants that the goods are free of infringement claims (claims that a patent, trademark, or copyright has been infringed) by third parties. Lessors make similar warranties.

Front 36

what are implied Warrantyof Fitness for a particular purpose

Back 36

When you buy a car, it come w/oil. Be able to trust the seller.

An implied warranty of fitness for a particular purpose arises when the buyer’s or lessee’s purposeor use is known by the seller or lessor, and the buyer or lessee purchases or leases the goods inreliance on the seller’s or lessor’s selection [UCC 2–315, 2A–213].

Front 37

Magnuson-MossWarranty act

Back 37

Federal law that governs consumer and product warranties. Passed in 1975, act requires manufacturers to give detailed info about warranty coverage.

Supposed to make warranties easier to understand.

Full Warranty (covers everything and will either fix, replace or refund)

Excludes consumer mods, damage or misuse

An express written warranty covering consumer goods priced at more than$25, if made, mustbe labeled as either a full warranty or a limited warranty. A full warranty requires free repair orreplacement of defective parts and refund or replacement for goods that cannot be repaired in areasonable time. A limited warranty is one in which the buyer’s recourse is limited in some fashion,such as to replacement of an item. Sellers must make certain disclosures to buyers and must stateany limitations on a warranty clearly, conspicuously, and in readily understood language.

Front 38

ThePrivileges and Immunities Clause

Back 38

(CH4)

provides that “the citizens of each State shall be entitled to all privileges and immunities of citizens in several States”

ex. States must treat nonresidents the same as residents unless there is a really good reason

Front 39

what is the free exercise clause

Back 39

The government may neither establish anyreligion (establishment clause) nor prohibit the free exercise (free exerciseclause) of religious practices (separation of Church and State)

Front 40

what is FullFaith and Credit Clause

Back 40

(Ch 4)

Full Faith and Credit Clause (Article IV,Section 1) provides that each State shall recognize acts, records and judicialproceedings of every other State

Front 41

check and balances

Back 41

branches have to work together and can overide eachother.

üCongress passes a law but the President veto’s it

üPresident needs the Senate’s consent on treaties with foreign governments (Nafta & Gatt)

üSupreme Court can strike down laws passed by Congress and signed into law by the President

üSupreme Court Justices are nominated by the President and confirmed by the Senate

Front 42

Res Ipsa Loquitir

Back 42

(6)

The facts speak for themselves

üThePlaintiff only has to show something happened (plane crash, falling elevator)

üTheDefendant must show that he/she was not negligent

üTheevent creating the damage or injury is one that ordinarily does not occur inthe absence of negligence

üTheevent must have been within the Defendant’s power to control, and it must nothave been due to any action or contribution of the Plaintiff

Front 43

what is assumption of risk?

Back 43

(ch6)

Defence to negligence

-Must know of the risk and voluntarily assume the same

-Voluntarily entering a situation, fully aware of the risk

-If an emergency, no assumption of risk

-Assumption of risk can be express or implied (race car driver, skiing, skydiving)

Front 44

special negligence statuses

Back 44

-Persons(doctors and nurses) cannot be sued while rendering aid in an emergencysituation

-DramShop ActsüImposeliability to bartenders and tavern owners who serve people who later hurtsomeone else(Also can apply to social hosts)

Front 45

compensatory damages

Back 45

ü(to make the Plaintiff whole and in the same position as if the tort had not occurred)

give back enough money so the nigga dont feel damaged no more

Front 46

merchantable goods

Back 46

(CH 23)

Merchantablegoods must be reasonably fit for the ordinary purposes for which such goods areused

Front 47

Protected speech

Back 47

anything that is not: Unprotected speech

üThreatening

üPornography

üFighting words (incite violence)

üSlander or defamatory speech (unlesspublic figure)

Front 48

Intentionalinfliction of emotional distress

Back 48

-Intentionalinfliction of emotional distress

-Theextreme and outrageous conduct resulting in severe emotional distress toanother

-Theact must exceed the bounds of decency accepted by society

-Indignityor annoyance alone are not outrageous, but repeat offenses (stalking) canjustify a cause of action

-Outrageousspeech about a public figure (free speech) can limit emotional distress claims