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B. Law
| Question | Answer |
|---|---|
| Torts | Civil Wrong- a violation of another or another's property resulting in damage to the person or property |
| Civil v. Criminal | Civil- No punishment is given, just compensation Criminal- going into trial with punishment intention |
| Assault | Intentional- causing apprehension of an imminent harmful or offensive bodily contact |
| Battery | Intentional- harmful or offensive bodily contact harmful touching + offensive touching |
| False Imprisonment | Intentionally confining another's movement to certain boundaries, without consent, for an appreciable period of time |
| Intentional Infliction | Conduct + Severe emotional distress |
| Defamation | protects reputation- requirements of proof: communication |
| Defamatory | Hurts reputation |
| Matter | the communication was a misstatement of fact; opinions aren't matter misrepresentation of fact + not opinion |
| Types of defamation | disparage, libel, slander |
| disparage | defame business |
| libel | physical form |
| slander | oral |
| Disparagement | libel or slander about a business; lander of title deal in stolen goods, slander of quality |
| Infliction of Emotional Distress | Intentionally engaging in extreme, outrageous, socially-unacceptable conduct resulting in severe emotional distress |
| Invasion of Privacy | Unauthorized appropriation-use of identity, commercial gain, without concent |
| Negligent | not intentional, unreasonable behavior that causes injury-such as driving too fast on a busy street |
| Negligence Equation | Failure to act reasonably + prevent foreseeable risk of harm |
| Breach | A person is liable for the tort of negligence if they don't follow what is supposed to be done |
| Contributory Negligence | under common-law, plaintiffs whose own negligence contributed to an injury were barred from recoving |
| Comparative Negligence | A plaintiff's negligence is not a complete bar to recovery; a plaintiff's damages are reduced by whatever percentage her own fault contributed to the injury |
| Assumption of Risk | Party knew of danger of activity or product |
| Strict Tort Liability | 402A Restatement of Torts; a party produces a defective product making that product unreasonably dangerous, that party will be liable for injury caused by that product whether or not the party acted negligently |
| Roach v. Howard Stern | Claim by Roach, Howard Stern and others affiliated with radio show caused the family emotional distress by their treatment of Roach's cremated remains on the show. Dismissed by trial court. Appellate Court ruled for family |
| Bailey v. Eminem | Eminem used Bailey's name in vain in a song. Eminem won because it was an exaggeration of a childish act. Eminem entitled to summary disposition |
| Product Liability | The area of legal liability of manufacturers, sellers, and lessors of goods to consumers, users, and bystanders for injuries or damages that are caused by goods |
| Theories available for injured consumers against suppliers of defective goods | Uniform Commercial Code (warranties), Negligence Law, Strict Tort Liability Law |
| Article II The Law of Sales | to create uniformity among state laws on commercial transactions; applies to sales |
| Sale | The passing of title from a seller to a buyer for a price |
| Contract of Sale of Goods | where certain warranties arise, consumers and others can recover from any seller of losses resulting from a breach of express or implied warranty |
| Goods | tangible + movable |
| Express Warranty | made by overt, oral or written representations of fact about goods. Nothing is assumed. Describes the goods, quality, condition or performance potential |
| Implied Warranty | merchantability + fitness particular pupose |
| merchantability | reasonably fit for the ordinary purposes for which such goods are used merchant + sells goods |
| Implied Warranty of Fitness | any seller knows of the particular purpose for which a buyer will use the goods and knows the buyer is making on the seller to select suitable goods |
| Liability without Fault | Businesses may be liable for damages resulting from their merely selling defective products, even if they exercised reasonable care and intended no harm |
| Strict Liability | Those selling any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability or physical harm thereby caused to the ultimate user or consumer or to his property |
| Who is liable? | manufacturers of component parts, wholesalers, retailer |
| Underlying Rationale of Strict Tort Liability | Unlike UCC, sellers can't disclaim or minimize this liability |
| Seller's Defenses | Assumption of risk, product misuse, comparative negligence, commonly known dangers |
| Product Misuse | the user or consumer misused the product in a way unforeseeable by the manufacturer |
| Contract | legally enforcement agreement; promise the performance of which the law recognizes and obligation or the breach of which the law provides remedy |
| Legally Enforceable Contract? | each party must transfer something of legal value to the other |
| consideration | what the 1 party transfers to the other |
| Purpose of Contract Law | agreement, "meeting of the minds", each bargains and negotiates to determine what to transfer to the other to get the desired exchange |
| Offer | do the facts show intent (objective indication, present intent to contract?, can court determine terms too enforce, communication |
| acceptance | an objective manifestation of a present intent to contract on the terms of the offer |
| Terms of the acceptance must.... | be identical to the terms of the offer |
| Consideration | bargain for + legal value + exchange |
| Statute of Frauds | only requires that some contracts be evidenced by a writing |
| Express Contract | Specific oral or written |
| Implied Contract | Surrounding facts |
| Bilateral Contracts | promise to do something in the future (pay off a house) |
| Unilateral contract | promise for an act |
| Void Contract | an agreement to do something illegal (bribery) |
| Voidable Contract | legal contract that gives one party the right/option to cancel the contract |
| Mailbox Rule | Acceptance is effective when sent if acceptance is sent by "authorized means" |
| Authorized Means | offeror specifies a mean, acceptance is effective when sent, if offeror doesn't specify mean, then "authorized means is same means offeror used |
| IF an authorized means is not used by the offeree... | the contract is created only when the offeror actually receives the acceptance |
| Newman v. Schiff | Schiff made career and substantial profits out of his tax protest activities; expressed on radio "i will give $1000 who can prove me wrong, someone did, schiff won, no contract |
| Mesaros v. United States | Authorized mint to make coins to benefit statue of liberty, when the form as received from Mesaros,all coins had been sold. marketing materials are "solicitations" of offers or invitations to make offers. coins are not offers |
| Logan Ranch v. Farm Credit Bank | the bank loaned money, couldn't pay money back, 3rd party wants to buy ranch from bank. bank has to first offer to resell to ranch, bank does so but Logan can't pay offer by the date |
| Soldau v. Organon | Soldau was fired, if Soldau gave up right to sue, they would pay double severance, Soldau signed and mailed letter, Soldau still sues |
| Alden v. Presley | I'll pay your mortgage, presley dies, no contract to make him pay mortgage |
| Promissory Estoppel | Revocation: offeror may revoke offer any time before offeree accepts at common law |
| Exceptions of Promissory estoppel | irrevocable offers, option contracts (promises to hold an offer oopen for a certain time period, offeree relies on offer to detriment |
| Quasi | In certain situations, the law regards it as unjust for a person to receive a benefit and not pay for it. Allows the performing person to recover the reasonable value of the benefit conferred on the benefited person even though no payment necessary |
| Parol Evidence Rule | If parties have written agreement, parol evidence of prior communication will not be allowed to alter term of contract |
| Effect of Rejecting an Offer | Any difference whatsoever between terms of offer and purported "acceptance" terminates offer and maks counteroffer |
| The purported acceptance can't be... | "substantially the same" or "materially the same" |
Created by:
lebowisa
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