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69 Cards in this Set
- Front
- Back
tort |
civil wrong doings other than breach of contract
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negligence tort |
unintentional careless conduct did not mean to do it |
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duty (negligence tort ) |
what would a reasonable person do uner the stance? ordinary care or due care |
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Breach of Duty (negligence tort ) |
act or mission ex: dirivng to fast |
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causation (negligence tort) |
actual cause , proximate cause |
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actual cause |
"butt for " your negligence act injury not occured ex: - fidel castro not a cuba communist - def kid dies in fire when alarm doesnt go off, wouldnt here it if it was working |
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proximate cause |
reasonable relationship between the negligence act and injury ( far fetch someone would expect injury ) |
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Palsgralf case |
man chases after train w/ fireworks in bag, explodes. company not responsible because not in realm of thought man would be carrying fireworks |
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contributory to negligence |
if you contribute at all to the accident you cant sue
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comparative negligence |
compare how negligence 1vs other
ex: pay damages in an accident to each side, some states only have 50% negligence |
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assumption of risk |
assume risk of someone elses negligence cant sure ex: - get in car w/ drunk driver hit a tree cant sue - golf tournament get hit w/ball |
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Intentional Tort |
willful acts , ment to do it
ex: someone w/ dimensia hurts you , dont have proper intent |
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assult |
not touching , fear of imediate body injury |
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battery |
touching , harmful contact |
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example of assult |
-pointing gun @ someone -throwing eraser, everyone around it is in fear - calling from far away = NOT immediate fear - sleeping= not a threat
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example of battery |
bullet , punching , hit wrong person w/ eraser |
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False improsonment |
intentional holding or detaing ex: shoplifting in back when they didnt do it , door locks behind a teacher |
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Defenses for intentional tort |
1. consent
2. privelage 3. self defense |
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consent |
cant sue if punchin face = boxing But.. aren't concenting to take out knee = battery |
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privelage |
shop keeper hold you till cop coems can sue |
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self defense |
degense of others and property (cant kill over property ) |
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defination |
false communication injures someone |
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libel |
written / video tape ex: faveook inst liable until you report it |
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slander |
spoken |
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defamtion per sae |
peresumption of harm dont have to prove ,damages are assumed ex: calls someone a rapist sue them if no true
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Fraud/ Misenterpretation |
intentional deception ex: ask if placed is flooded and landlord lies |
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interference w/ contractual relation |
3rd party messes up contract ex: bar tries to break up another bar and band contract, so they can have the band |
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interfernece w/prospective advantage |
improve place in market by interfering w/ another business ex: resturant throws dead mouse in kitchen |
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product liablity |
suffered by uses of defective property ( privaty of contract )
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privaty of contract |
needs to be in contract to sue ex: buy car from contract not w/ honda |
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Macpherson vs. Buick |
if its product liability you dont need private contract , sue honda instead of small guy
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Strict Liablity |
dont care why it happened it did
ex: libale for their safety |
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reasonable / care negligence |
have to show that the manufacture negligeance before sue them
ex: evidence manufacture did it on purpose to tire A |
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failure to warn
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need to know harm
ex: smoking cigs can give cancer
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design defects |
lawnmower piece sticking out , cut foot avoid damages |
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express warranty |
form strict liability , dont care why it didn't work , fix it |
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defence to strict liability + negligence |
product misuse or abuse ex: pointing gun at foot, shaking soda can |
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sophisticated purchaser |
know more than the manufactor ex: air force know better than manufacture |
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ultra hazardous activity |
reliable regardless of activity if an injury happens ex: cutting down a tree in city reliable for everyones safety |
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Real Property |
land, attached to land ( building , tree's, house , fence ) |
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Personal Property |
pick up and move ( furniture, cars , cut christmass tree ) |
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fee simple |
own it down to core and up to sky ex: cant dig tunnel or bridge |
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joint tenacy |
more than 1 person owns property ex: right surviror ship : 1 tenant die its the others |
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Tenancy in common |
if 1 dies own it w/ spouse , undevided interest in property |
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life estate |
land for tenant for life ex: grandma lives in house when dies its urs |
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Easement |
righ to allow land make use for something else
ex: utility company put wire on land |
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adverse poessions |
take over land continuous w/ out buying 5-20 yrs
need: actual possession ,open possession , hostile , exclusive , periodic
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covenants |
conract runs w/land
ex: contract w/ no pools |
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constructive eviction |
landlord didn't say get out but miserable need to leave ex: mold, no heat |
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eminent domain |
gov power to take private land for publice purpose , has to pay you |
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private nuisance |
interfere w/ someone joy of land
ex: loud neighbors
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public nuisance |
interfere w/ rights health or general public ex: polluting water |
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trespass to land |
unauthorized intrusions on land dont need posting ex: walking over driveway |
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Conversion |
unlawful control of use of another property ex: throws someone phone - owenes value of phone , if somethine you bought was stolen have to give it back |
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permises liablity |
danger obvious ex: sign says slipery / fall |
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intellectual property |
a work or invention that is the result of creativity, such as a manuscript or a design, to which one has rights and for which one may apply for a patent, copyright, trademark |
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trademark |
logo, brandname , symbol |
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classification intellectual property |
-arbitrary/ fanciful ( stronger) apple -Generic ( not fav,) zipper |
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Intellectual property |
controlling law : federal or land amount duration : 10 years counterfeiting : still illegal |
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Trade Dress |
look feel of company ex: two pesos vs taco cabana ( trying to copy Mcdonalds) |
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Trade Dress.. controlling law duration |
controlling law : federal duration : unlimited |
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Trade Name |
name business or company , 1st to use against it, purpose to protect consumer so know what company buying from |
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Trade Name controlling law duration |
controlling law : state law duration : stop using name |
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copy right |
rights of liberty propety , anything writen down ex: our notes taken in class, illegal music |
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Copy Right duration for business or person |
person : 70 years after death business : 95 years |
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Patent |
exsclusive use of invention |
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patent controlling law duration : |
controlling law : federal duration : 20 years application |
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Trade Secret |
keep secret ex: - coke help secret formula - kentucky fried chicken |
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Trade Secret controlling law duration |
controlling law :state, federal , national , contract duration : as long secret kept |