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BUSA Test 2
Summer 09'
72
Business
Undergraduate 2
07/10/2009

Additional Business Flashcards

 


 

Cards

Term
Business Tort
Definition
The wrongful interference with another's business rights. All are intentional torts.
a) Wrongful interference with a contractual relationship
b) Wrongful interference with a business relationship
c) Appropriation
d) Disparagement of Property
e) Racketeering Influenced and Corrupt Organizations Act
Term
Wrongful Interference With a Contractual Relationship
Definition
One party wrongfully induces another to break a contract
Term
Wrongful Interference with a Business Relationship
Definition
The use of violent or non-violent means to drive away competitor's customers and/or steer them to the defendant's business
Term
Appropriation
Definition
1) Use of another's name, likeness, or other identifying characteristics. In Georgia, it is also the intentional tort of invasion of privacy.
2) Without that person's/Plaintiff's permission.
3) For the benefit of the user Defendant
Term
Disparagement of Property
Definition
Defamation of property/goods/services sold: The quality or title thereof): False statements about a product, service, ingredient, etc...
Term
Disparagement of Property-Slander of Quality
Definition
Falsely stating a product is not what it claims to be
Term
Disparagement of Property-Slander of Title
Definition
Falsely casting doubt upon another's ownership of the property the sell/possess
Term
Federal Lanham Act
Definition
Prohibits false, misleading, or disparaging advertising. It is regulated by the Federal Trade Commission and various state agencies
Term
Racketeering Influenced and Corrupt Organizations Act
Definition
If one commits two or more offenses under RICO=guilty of racketeering activity
Term
RICO-Purpose
Definition
Combat entrance of organized crime into legitimate business
Term
RICO-Requires
Definition
A pattern of activities over a substantial period of time
Term
RICO-Act
Definition
It has criminal and civil penalties. It does not create new crimes, rather it punishes a combination of old crimes differently. It also allows a harmed individual to sue a Defendant civilly for money damages.
Term
Prohibited Activities
Definition
1) Using income from racketeering to buy into a business.
2) Acquire or maintain an interest in a business through racketeering activities
3) Conducting or participating in a business using racketeering activities
4) Conspire to do any of the above
Term
RICO-Damages
Definition
1) Divesture of Defendant's interest in the business.
2) Dissolution of the business
3) Triple damages to one who suffers business injury/damages
Term
Negligence
Definition
Unlike intentional torts no intent to do harm, to do the act, nor to cause the consequences is required to find the Defendant liable.
Term
Respondent-Superior
Definition
Legal Doctrine that is very important to business. If an employee is negligent during the course or scope of that person's employment, both the employee and the employer can be sued by the injured Plaintiff.
Term
Elements of Negligence
Definition
The plaintiff must prove each essential element by a preponderance of evidence in order to win.
1) Duty
a) Reasonable person standard
b)Professionals/experts
c)Duty of Landowners
d)Common-carriers/innkeepers
e)Rescue
f)Children
g)Disabled reasons
Term
Reasonable Person Standard
Definition
The duty we all owe to each other at all times
Term
Professionals/Experts
Definition
Reasonable professional with that skill and training under like circumstances.
Term
Duty of Landowners
Definition
to those on their land: It depends on the status of the visitor
1)License: On the property for the visitor's benefit.
2)Invitee: On the property for mutual benefit of the landowner and the visitor.
3)Trespasser: No permission to be on land.
4)Child Trespassers: Attractive Nuisance Doctrine: Ordinary care to prevent injury or harm, and to inspect for, warn of, and make safe from artificial conditions that would likely attract a child.
5)Landlord-Tenant: Same duty as owed to an invitee AND to repair defects
Term
Common-Carriers/Innkeepers
Definition
Duty of utmost care.
Term
Rescue
Definition
No duty to rescue another unless: a special relationship exists or the Defendant's acts put the Plaintiff in peril.
Term
DUTY-Children
Definition
Duty of that of a reasonable child of like age and intelligence, unless the child is doing an adult activity.
Term
DUTY-Disabled Persons
Definition
1) Physical: Reasonable person with that disability.
2) Mental: Same duty as a non-mentally disabled adult.
3) Insane: Can not be liable in tort.
Term
Breach
Definition
Did the defendant breach/break this duty owed to the Plaintiff in this situation? This is a jury question based upon the facts of each case.
Term
Cause
Definition
Did the Defendant's breach of this duty owed cause the Plaintiff harm?
Term
Two types of cause:
Definition
The Plaintiff must prove to win.
a) Factual Cause: "But for" Causation, "Substantial Factor" Causation
b) Proximate Cause: Foreseeability.
Term
Harm
Definition
Did the defendant's breach of duty result in harm to the Plaintiff? No liability in negligence if there is no harm/injury to the Plaintiff.
Term
Types of Damages
Definition
1)Special (Compensatory)
2)General: pain and suffering, loss of pleasure/enjoyment
3)Punitive: used to punish/deter malicious/reckless Defendant's.
a)Limited to 250,000
b)No limit for product liability
c)No limit if the defendant specifically acted to cause harm or was under the influence of drugs or alcohol
d)None allowed for HMO negligence
e)None allowed against publisher of libel if retracted within 7 days.
f)None allowed against publisher of broadcast defamation if no malice or retracted within 3 days.
Term
Mitigation of Damages
Definition
A plaintiff must act reasonably to mitigate/minimize their damages
Term
Special Negligence Doctrines:
Definition
a) Thin Skull Plaintiff
b) Resp Ipsa Loquitor
c) Negligence Per Se
d) Danger Invited Rescue
e) Good Samaritan Laws
f) Dram Shop Acts/Social Host Liability
g) Family Purpose Doctrine
h) Torts of Spouses/Children
i) Wrongful Death
j) Worker's Compensation
Term
SND-"Thin Skull" Plaintiff
Definition
A defendant is liable for all of a Plaintiff's injuries no matter how infirm the Plaintiff may have been at the time of act.
Term
SND-Res Ipsa Loquitor
Definition
A rule of evidence that is used when it would be very difficult for the Plaintiff to try and prove breach due to the Defendant having control over the instrumentality.
Term
SND-Negligence Per Se
Definition
If a Defendant violates a statute, it is an automatic breach of duty if:
1) The statute was intended to prevent this type of injury
2) To this type of Plaintiff.
Term
SND-Danger Invited Rescue
Definition
A Defendant is liable to the original Plaintiff and any rescuers who may be injured in trying to aid the original Plaintiff.
Term
SND-Good Samaritan Laws
Definition
Relieves anyone of negligence liability when helping someone in an emergency situation.
Term
SND-Dram Shop acts/Social Host liability
Definition
Dramshops and social hosts are liable to third parties injured by intoxicated customers or guests.
Term
SND-Family Purpose Doctrine
Definition
The owner of a vehicle will be liable for negligent acts of a driver if:
1) the driver lived in the owner's family/household
2) the driver was using the vehicle with the owner's permission
3) the vehicle was being used for a "family purpose"
Term
SND-Torts of Spouses/Children
Definition
1) Not liable for torts of spouses
2) Parents liable for up to 10,000 for malicious acts of minor children
3) Intra-Family: Parents and children can not sue each other for torts on each other.
Term
SND-Wrongful Death
Definition
Brought by survivors for wrongful death of a spouse, child, or parent.
Term
SND-Worker's Compensation
Definition
A worker/employee who is injured while in the course and scope of their employment
Term
Defenses to Negligence
Definition
1) Assumption of the Risk
2) Superseding Intervening Cause
3) Contributory and Comparative Negligence
4) Sovereign Immunity
5) Statutes of Limitations
Term
Defenses to Negligence-Assumption of the Risk
Definition
If the Plaintiff knew of the risk/danger and extent, and voluntarily assumed the risk by acting anyway
Term
Defenses to Negligence-Contributory and Comparative Negligence
Definition
a) Contributory: if the jury finds the Plaintiff was at all at fault: no recovery
b) Comparative: The jury reduces the award by the percentage they believe the Plaintiff was also at fault in the incident
c) Modified Comparative: the jury reduces the award by the percentage they believe the plaintiff was at fault
Term
Defenses to Negligence-Sovereign Immunity
Definition
Government agencies and employees can not generally be sued for negligence
Term
Strict Liability
Definition
The last type of tort. RULE" A defendant is liable for any injuries from an act, even if they were not negligent and acted reasonable, if they were engaging in an ABNORMALLY DANGEROUS ACTIVITY.
Term
Battery
Definition
intentional infliction of harmful or offensive contact with another
Term
assult
Definition
intentional conduct resulting in reasonable apprehension of immediate harmful or offensive contact
Term
transferred intent (battery and assult)
Definition
if a defendant intents to batter/assult A, but misses and actually batters/assults B, the defendant's intent will be transfered to B.
Term
defences to transferred intent
Definition
consent, involuntary act, defense of self or others
Term
false inprisonment
Definition
unlawful detention of another, for any legnth of time, whereby such person is deprived of personal liberty.
Term
false arrest
Definition
arrest, without probable cause, when made maliciously
Term
georgia statutory protections for business owners
Definition
Term
defamation
Definition
statement of false fact that harms another's reputation, character or business
Term
libel
Definition
falso and malicious defamation of another expressed in print, writing, signs, pictures, tending to injure plaintiffs reputation and exposing him/her to publc hatred, cntempt, ridicule.
Term
Slander
Definition
Oral / spoken defamation:
A) Imputing crime punishable by law to another
B) Charging another with contagious desease or debasing act.
C)Charges against against another's business, trade, profession, calculated to injure plaintiff therein.
D) Any desparaging words producing special damages
Term
truth
Definition
defence to liable and slander
Term
broadcast libel
Definition
broadcast station/pulisher only liable if they did not use "due care" in checking accuracy of story. if the plaintiff is a "public figure" they must prove "actual malice" by clear and convincing evidence in orger to prove liability.
Term
Defamacast
Definition
defamation by a televison broadcast
Term
absolute privilege
Definition
all allegations, averments, charges, and statements in court or legislative proceedings
Term
Conditional Privileges
Definition
create a rebuttable presumption the matter is privileged
A)Public Duty
B)legal or moral private duty
C) to protect speakers own interest
Term
ivited libel
Definition
one libeled request or consents to publication of the materials to a theird party
Term
one line defamation
Definition
treated like slander, one must prove special damages unless it is one the enumerated catorgies.
Term
fraudulent misrepresentation
Definition
willful misrepresentation of a material fact gives a cause of action in tort if made to induce another to act
Term
misuse of legal proceedings
Definition
malicious prosecution and abusive litigation
Term
malicious prosecution
Definition
criminal prosecution carried on maliciously without probable cause, and it causes damage to the plaintiff
Term
abusive litigation
Definition
any person is liable who makes an actie part in the initiation, continuation, or procurement of ciil lawsuit against another if it is
A) with malice
B) without substantial justification
Term
Intentonal infliction of emotional distress
Definition
intentional/reckless conduct causes te plaintiff severe emotional distress because of the outragiousness of the defendant's conduct.
Term
intentional torts against property
Definition
trespass to land and trespass to personal property
Term
trespass to land
Definition
entry by a person or thing on/over/under land in possession of another without concent.
Term
Ga: Trespass to land can be:
Definition
Pollution, water diversion/obstrution, interference with right of way, building on another's property.
Term
Ga: Trespass to land: Defences
Definition
A)emergency situation
B)consent
C)Plaintiff had no right to "possess" land/building
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