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Definition
| Ethical fundamentalism, Ethical relativism, Situational Ethics, Utilitarianism, Deontology, Social Ethics Theories, Other Theories |
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| Arguments FOR social involvement of businesses |
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Definition
| The Social Contract (stakeholder model), Less government regulation, Long-run profits |
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| Arguments against social involvement of businesses |
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Definition
| Profitability, unfairness, accountability, and expertise. |
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| Business Ethics Checklist |
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Definition
1. What are the facts? Restate the key facts so as to cement them in your mind. Are there any other facts you want to investigate?
2. Identify the critical issues.
3. Identify the stakeholders & describe why they would be affected.
4. Identify at least two alternatives.
5. Discuss the ethical implications of each alternative by asking the following questions:
Is the alternative legal? Does the alternative violate any criminal statute or will it lead to civil liability (positive law).
6. Come to a result and justify that result based upon the results of this analysis. You must come to an answer and that answer should be consistent with the steps you just walked through! |
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Term
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Definition
| one of the three types of damages awarded:damages designed to compensate the victim for all the harm caused by the person who committed the wrong. In short, to make the plaintiff “whole” again |
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| the study and determination of right and good in business settings. It balances the goals of profits with the values of individuals and society |
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Definition
| the study of what is right or good for human beings. It pursues the question of what people ought to do and what goals they should pursue. |
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Definition
| Holds that actions must be judged by their motives and means as well as their results |
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Definition
| individuals look to a central authority or set of rule to guide them in ethical decision making |
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Definition
| Asserts that actions must be judged by what individuals subjectively feel is right or wrong for themselves |
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Term
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Definition
| In order to prove _____ the plaintiff would need to prove x, y, and z (tort definition). In this case, the plaintiff would/wouldn't be able to prove x because the facts show that ____. The plaintiff would/wouldn't also be able to prove y because the facts show that ____. The plaintiff would/wouldn't be able to prove z because _____. Because the plaintiff can only prove 2 of the 3 required elements of _____, her claim will not be successful. |
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Term
| Main purpose of civil law |
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Definition
| to compensate the injured party (NOT to punish the wrongdoer) |
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Term
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Definition
| one of the three types of damages awarded: small amount of money given to recognize that a defendant did indeed commit a wrong, but there was no compensable damages suffered by the plaintiff |
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Term
| Problems with Positive Law Theory of Ethics |
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Definition
Law is strongly affected by moral concepts, but law and morality are not the same.
Legality is often a reliable guide to ethical behavior, but it cannot be relied upon as a perfect standard. |
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Term
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Definition
one of the three damages awarded: to punish the defendant and to deter future wrongdoers.
The amount of punitive damages is based on two factors: the severity of the wrongful conduct and the wealth of the defendant How reprehensible was the defendant’s conduct?
Two or three times the amount of compensatory damages is normal. Anything over 9-1 will almost always be thrown out on appeal. |
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Term
| Series of events leading to trial |
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Definition
Informal Negotiations-->Pleadings-->
-->Discovery-->Motion For Summary Judgment-->Trial-->Appeal-->Collect |
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Term
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Definition
| One must judge a person's actions by first putting oneself in the actor's situation |
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Definition
Focus on a person's obligations to other members in society and on the individual's rights and obligations within society
-Social Egalitarians: believe that society should provide all its members with equal amounts of goods and services regardless of their relative contributions
-Distributive Justice: stresses equality of opportunity rather than results
-Libertarians: stress market outcomes as the basis for distributing society's rewards |
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Definition
| Theory of ethics that states that following the law is considered ethical, so unless it is illegal, all activities are considered ethical |
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Definition
| Nominal, Compensatory, & Punitive |
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Definition
Moral actions are those that produce the greatest net pleasure compared with net pain.
-Act Utilitarianism: assesses each separate act according to whether it maximizes pleasure or pain
-Rule Utilitarianism: supports rules that on balance produce the greatest pleasure for society
-Cost-benefit analysis: quanitifies the benefits and costs of aternatives |
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Term
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Definition
| civil wrong where the injured party has the right to bring a lawsuit against the person (or entity) who wronged him so that he can recover compensation for his injuries |
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| 3 broad categories of torts |
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Definition
| Intentional, negligent, & strict liability |
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Term
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Definition
| one of three broad types: occur when the defendant takes an action intending that certain actions will result or knows that the consequences are substantially certain to result from the act |
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Definition
| one of three broad categories: when the defendant fails to act in a responsible way and thereby subjects someone else (the plaintiff) to an unreasonable risk of harm |
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Definition
| one of three broad categories: occur when the defendant takes an action that is (as decided by law) inherently dangerous and cannot ever be done safely |
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Term
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Definition
intentional conduct by one person directed at another that places the other in apprehension of imminent bodily harm or offensive contact. Contact is not necessary!
(1) intentional conduct that
(2) places another in apprehension of
(3) imminent bodily harm or offensive contact |
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Term
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Definition
| intentional infliction of harmful (or offensive) bodily contact |
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Term
| Defenses to intentional torts |
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Definition
1.consent
2. self-defense: a person is entitled to use reasonable force to prevent threatened harmful or offensive bodily contact, and any (wrongful) threatened or confinement or imprisonment
defense of others |
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Term
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Definition
1. Duty to use words—must make a verbal demand that the intruder stop, before using force, unless it reasonably appears that violence or other harm will occur immediately, or that the request to stop will be useless.
2. The property owner can never use deadly force solely for the defense of property
3. To recapture property, fresh pursuit is required |
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Term
| Scope of liability for intentional torts |
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Definition
| The intentional tortfeasor will be liable for virtually every result stemming directly or even somewhat directly from his conduct, however unlikely it might have seemed at the time of his act that this result would follow |
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Term
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Definition
1. Intentionally confining a person against his/her will within fixed boundaries if the person is conscious of the confinement. It may be brought about by physical force, threat of force or force directed against person's property.
2. The person must be aware of the confinement or harmed by it. Mere obstruction of someone’s freedom of movement is insufficient so long as there is a reasonable, alternative exit available. |
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Term
| False imprisonment defenses |
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Definition
1. legal authority to do so
2. shop keeper privilege (must be reasonable) |
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Term
| Intentional Infliction of Emotional Distress |
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Definition
1. a person by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another
2. This must be outrageous conduct that falls well beyond the bounds of decency and which causes the person to suffer severe mental and emotional harm. |
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Term
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Definition
false communication that injures a person's reputation by disgracing him and diminishing the respect in which he is held.
Fault may come in failing to discern truth or falsity of statement, not always that the statement was intentionally false |
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Term
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Definition
Defamatory statement –a statement that is likely to harm someone’s reputation
Falseness—the statement must be false
Communicated to at least one person other than the plaintiff
Injury. In slander cases, the plaintiff must generally show some
injury. In libel cases, the law assumes there was an injury. |
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Term
| Defenses to accusation of defamation |
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Definition
Absolute privilege - Congressional speech, participants in judicial proceedings.
Conditional privilege - published to protect legitimate interests or interests of another. i.e. reports to police.
Constitutional privilege - statements about public officials or public figures if done w/o malice.
Opinion—but be careful that it doesn’t imply facts. |
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Term
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Definition
This is defamation of a business product or service
Involves intentional or reckless publication of false facts which injure a person’s economic or monetary interests. |
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Term
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Definition
it is a tort to willfully observe the private conduct of others under circumstances when an expectation of privacy exists.
Intrusion - unreasonable and highly offensive interference with solitude or seclusion of another.
Includes improper entry to another's dwelling, unauthorized eavesdropping or videotaping, unauthorized examination of another's private papers, records or emails. |
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Term
| Public Disclosure of Private Facts |
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Definition
publication of private facts that a reasonable person would find objectionable
For this tort to arise, the facts disclosed must be private in nature and disclosure must be objectionable to a reasonable person.
The disclosure also needs to have been made under circumstances in which the plaintiff had a reasonable expectation that the defendant would keep the matter confidential
Truth is not a defense to this tort, as long as the truth disclosed is not generally known and a reasonable person would object to its disclosure. |
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Term
| Publication in a false light |
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Definition
it is a tort to place persons in a “false light” by publishing true facts about them in such a way that unpopular views or actions are attributed to them.
In order for the tort to arise, the views or actions that are attributed to the victim through false light must be objectionable to a reasonable person. |
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Term
| Appropriation of name or likeness |
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Definition
it is a tort to use a person’s likeness or name for commercial purposes without permission.
The law recognizes the right of individuals to profit from the use of their name or likeness, as well as to prevent others from using their name or likeness for commercial purposes without consent. |
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Term
| Winnings for a appropriation case |
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Definition
| any profits made from selling products with plaintiff's likeness, as well as a junction preventing further unauthorized use of his/her identity |
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Term
| Misuse of legal procedure |
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Definition
comprised of three torts, each of which protects an individual from being subjected to unjustifiable litigation:
Malicious Prosecution — bringing a criminal proceeding without probable cause, for an improper purpose, resulting in a finding of not guilty.
Wrongful Civil Proceedings — like malicious prosecution, except in a civil suit.
Abuse of Process — use of legal proceedings for purposes other than their intended purposes, even if there is probable cause. |
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Term
| Trespass on real property |
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Definition
A person is liable for trespass to real property if he/she intentionally:
(1) enters or remains on land in the possession of another;
(2) causes a thing or a third person to do so; OR
(3) fails to remove from the land a thing that he is under a duty to remove. |
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Term
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Definition
A non-trespassatory invasion of another’s interest in the use and private enjoyment of land.
imposes liability for significant and unreasonable harm to another’s use or enjoyment of land such as by the emission of unpleasant odors, smoke, dust, gas, pollutants, or sound. |
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Term
| Trespass to personal property |
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Definition
Trespass to personal property consists of the intentional dispossession or unauthorized use of the personal property of another.
For trespass, the owner recovers damages for the actual harm to the property or for loss of possession. |
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Term
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Definition
Conversion is the intentional exercise of dominion or control over another’s personal property that so seriously interferes with the other’s right of control as to justly require the payment of full value for the property.
All conversions are trespasses, but not all trespasses are conversions because conversions are permanent trespasses. |
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Term
| Interference with Contractual relations |
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Definition
The Plaintiff must prove 4 elements:
1. There was a valid and enforceable contract between the plaintiff and a third party
2. The defendant knew of the existence of the contract and its terms
3. The defendant intentionally undertook steps to induce one of the parties to breach the contract
4. The plaintiff was injured as a result of the breach |
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Term
| fraudulent misrepresentation |
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Definition
Occurs when a wrongdoer deceives another person out of money, property, or something else of value.
To win, the plaintiff must prove 4 elements:
1) the wrongdoer made a false representation of fact
2) the wrongdoer had knowledge that the representation was false and intended to deceive the innocent party*
3) the innocent party justifiably relied on the misrepresentation
4) the innocent party was injured |
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Term
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Definition
(1) a person does something that a “reasonable person” would not do or (2) fails to do something that a reasonable person would do under the circumstances
(needs to be proved as first part of Negligence) |
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Term
| In order to WIN negligence case, plaintiff must prove: |
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Definition
(1) a person does something that a “reasonable person” would not do or (2) fails to do something that a reasonable person would do under the circumstances
-negligencer per se, CAUSED specific injuries, proof of injuries/damage |
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Term
| Proving breach of the duty of care |
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Definition
While the law does not obligate us to help each other (except in special circumstances) we are obligated to avoid doing harm or putting others at unreasonable risk of harm.
The duty of care imposed by law is measured by the degree of carefulness that a reasonable person would exercise in a given situation. |
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Term
| Who/What is a responsible person? |
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Definition
It is someone who always acts carefully and with sound judgment. The law thinks of this so called reasonable person as a conscientious, even-tempered, and honest individual
It is society’s judgment of how an ordinarily prudent person should act. The reasonable person standard is said to be an OBJECTIVE standard.
The judge or jury will decide what a reasonable person would have done in that situation (under those circumstances)
Emergencies – In sudden, unexpected events that call for immediate action, the standard is that of a reasonable person under the circumstances–the emergency is considered part of the circumstances.
No allowance is made for voluntary intoxication
Mental Deficiency – No allowance is made for insanity or other mental deficiency. |
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Term
| Special negligent defendants |
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Definition
-Children
-People with physical disabilities
-People with a Superior Skill or Knowledge |
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Term
| Negligence established by statute |
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Definition
| Sometimes a statute specifically tells us what the duty is and that there will be liability if they don’t follow that duty (Dram Shop) |
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Term
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Definition
in order for the “Negligence per se” doctrine to apply, the plaintiff must prove:
(1) the statute or regulation clearly defines the required standard of conduct
(2) the statute or regulation must have been intended to prevent the type of harm the defendant’s act or omission caused
(3) the plaintiff must be a member of the class of persons the statute or regulation was intended to protect |
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Term
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Definition
| generally the possessor owes NO duty to a trespassor except for KNOWN trespassers and children under the attractive nuisance doctrine |
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Term
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Definition
| obligated only to warn licensee of known, hidden, dangerous conditions--warn them of dangerous condition that they are unlikely to discover on their own |
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Term
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Definition
People invited to enter the property for a purpose connected with the possessor’s business (customers, patrons, delivery persons) or People who are invited to enter property that is held open to the public (people going to church, going to the public pool)
must take appropriate steps to protect an invitee against dangerous on-premises conditions that he knows about, or reasonably should discover, and that the invitee is unlikely to discover
the possessor of land has to go out looking for dangers to be sure that the invitee doesn’t come upon them |
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Term
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Definition
Except in special circumstances, no one is required to aid another in peril.
This rule does not apply if:
the relationship between the parties creates an obligation
one party has negligently placed the other in a position of potential harm
a person’s conduct, whether tortious or innocent, has injured someone else and left that person helpless and in danger of further harm |
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Term
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Definition
| second step of proving negligence, consiers actual cause and forseeability of the harm caused |
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Term
| Negligently inflicted emotional distress |
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Definition
Generally, the plaintiff must suffer some type of actual physical injury. However, some jurisdictions have a limited cause of action for negligently inflicted emotional distress.
This generally involves situations where a bystander witnesses the injury or death of a loved one that is caused by another’s negligent conduct. |
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Term
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Definition
1. assumption of risk (express or implied)
2. contributatoy negligence (plaintiff's negligence even small contributed to their own harm)
3. Comparative negligence (liability is portioned between plaintiff and defendant according to degree of responsibility each bears)
-Pure (defendants fault could be less than 50% when compares to the plaintiff, and the plaintiff can still recover)
-Modified: the plaintiff must be less than 50% at fault for the harm before he/she can recover |
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Term
| Activities giving rise to strict liability |
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Definition
(1) abnormally dangerous activities that involve a high degree of risk of serious harm that cannot be eliminated by the exercise of reasonable care
(2) Harboring wild animals
(3) An owner of domestic animals (such as dogs, cats, cows, or sheep) may be strictly liable for harm caused by those animals if the owner knew, or should have known, that the animals were dangerous or had a propensity to harm others
(4) Products liability—this will be discussed later in the semester. |
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