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bergstromlaw
for our quiz
11
Management
Undergraduate 2
11/02/2011

Additional Management Flashcards

 


 

Cards

Term
intentional tort
Definition
Where one person intentionally injures another (occasionally, but not always, a crime).
Term
torts based on negligence
Definition
Most torts occur when one person acts in a negligent manner, i.e., a careless manner, inadvertently causing an injury to another person.
Term
Strict Liability Torts:
Definition
Includes product liability. The fact of injury means that somebody has done something wrong.
Term
test for market share liability
Definition
1. All defendants must be tortfeasors.
2. The harmful products are identical.
3. Plaintiff, through no fault, cannot establish exact tortfeasor.
4. All manufacturers sold product in same geographic area at same time.
Term
C. Conversion
Definition
Includes the theft of tangible and intangible property, e.g., taking your classmate’s laptop or Ipad, AND the re-recoding of music, and distribution of it to friends.
Term
LIBEL =
Definition
1. That the libel was published
2. That the plaintiff was identified
3. That the words were defamatory
4. That the defamatory statement was false (this is sometimes considered a “defense” to the tort.
Term
DISPARAGMENt
Definition
1. Knowingly false statement of material fact about the business (typically the statement relates to quality, honestly, or reputation of the business;
2. Publication
3. Resulting HARM to the business;
4. And actual economic loss that results from 1-3 above.
Term
FRAUD
Definition
1. False statement.
2. Of material fact.
3. Which induces reliance
4. And causes damages.
Term
SPECIAL DAMAGES
Definition
v
Term
general damages
Definition
Other than out-of-pocket expenses. These include PAIN AND SUFFERING, MENTAL DISTRESS, LOSS OF CONSORTIUM (not available unless married).
Term
MINAL
Definition
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