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| any wrong other than a breach of contract; easy to confuse torts and crimes, but they’re different because crimes are charged by the state, but torts are injured party vs. other party… |
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| civil wrong resulting from an intentional act on the part of the tortfeasor; damages are broader and more generous for these torts than any others (deceit, disparagement, palming off, interference with contract...) |
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| a fraudulent misrepresentation used by one person to trick another, who is ignorant of the facts, to the damage of the latter |
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| an untrue or misleading statement about a competitors’ business or goods to make influence, the public not buy from the competitor |
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| to impose by fraud; to pass off a product as another product by unfair means. |
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| interference with contract |
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| when a person intentionally damages the plaintiff’s contractual or other business relationships. |
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| results from the failure of the tortfeasor to take sufficient care in fulfilling duty owed |
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| the imposition of liability on the tortfeasor without a finding of fault; the claimant need only prove that the tort occurred and the defendant was responsible |
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| “let the buyer beware;” it basically means once someone buys a house, it’s not the seller’s responsibility if things go wrong unless they intentionally hid flaws; the buyer must shop responsibly |
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paid to compensate the claimant for loss, in jury, or harm suffered as a result of another’s breach of duty
1. special- relatively easy to prove; doctor, hospital bills, lost wages
2. general- non-monetary aspects of the specific harm suffered; pain, suffering, emotional loss of consortium |
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| - to reform or deter the defendant from engaging in conduct similar to that which formed the basis of the lawsuit; must be able to prove you suffered special damages, must be intentional tort, punitive damages must be less than 10X compensatory damages |
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| this is required to establish libel against public officials or public figures and is defined as "knowledge that the information was false;” public officials need to prove actual malice in order to recover damages for libel |
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| broadcast or written publication of a false statement about another which accuses him/her of a crime, immoral acts, inability to perform his/her profession, having a loathsome disease, or dishonesty in business. Such claims are considered so obviously harmful that malice need not be proved to obtain a judgment for "general damages," and not just specific losses. |
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an act is considered negligent because it violates a statute (or regulation); to prove it the plaintiff must show:
• the defendant violated the statute
• the statue provides for a criminal penalty
• the act caused the kind of harm the statute was designed to protect
• the plaintiff was a member of the statute’s protected class |
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| “the thing speaks for itself;” rule of evidence whereby negligence of the defendant is inferred from the circumstances as a result of a reasonable belief that the injury could not have happened without such negligence. |
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| conduct by the plaintiff which is a contributory factor to his/her own injury, thus barring any recovery against the defendant |
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| a plaintiff’s negligence as a factor in his/her own injury is assigned a percentage value, and his/her recovery from the defendant is reduced proportionally |
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| let the master answer;” provides that an employer or master is responsible for the acts of an employee or servant committed within the scope of the employment |
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| joint and several liability |
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| a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases. |
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| liability without fault; a case is one of strict liability when neither care nor negligence, neither good nor bad faith, neither knowledge nor ignorance exonerate the defendant. |
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| any physically or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation |
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| personal property (chattels) |
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Definition
private property that is movable
1. tangible- any type of property that can be moved, touched, or felt.
2. intangible- cannot be moved, touched, or felt (securities, services, and intangible assets) |
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| real estate; immovable property; any subset of land that has been legally defined and any buildings and such on it. |
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| if it’s found in a place where the true owner likely intended to leave it, but has no intention of returning to get it. |
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| anyone who finds it has superior ownership, other than the true owner |
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| put somewhere for safe-keeping; owner expected to come get it |
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| thief can never get good title; if you buy unknown stolen ring in a ring shop you have superior ownership to true owner, but if you buy stolen ring in a car shop you do not. |
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| UCC 2-403(2)- Uniform Commercial Code Article 2: |
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| power to transfer; good faith purchase of goods; “entrusting” |
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| must be intended to give to them, must be accepted, must be delivered |
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a delivery of goods from the bailor to the bailee in trust for the accomplishment of a specific purpose involving the goods on an express or implied contract to carry out such trust and subsequently return the goods to the bailor.
..know the types |
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| An important exception to the usual treatment of fixtures is the category of trade fixtures (often called “chattel” fixtures) - chattels installed by a tenant on leased commercial property specifically for their use in a trade or business. These may always be removed by the tenant, so long as any damage to the structure caused by the removal is repaid or repaired. |
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| affecting personal property so they can’t be moved without causing significant damage |
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| adapted to a space so it becomes a part of it |
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| deeded to your kids but you still get to live in it until you die |
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| a form of freehold ownership; the highest ownership interest possible that can be had in real property |
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| a certain right to use the real property of another without possessing it |
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| a profit gives one the right to remove something from someone else’s land, and is an interest in the land, while a license is not. A license is a right to enter the land for a particular purpose |
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Definition
Deals with the rights of individuals and businesses in applied ideas
(patents, copyrights, trademarks) |
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| AUTHORIZED BY THE CONSTITUTION, limited monopoly to make, use, and sell, an invention, granted by the government. |
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| protected in AIS8 of the Constitution, covers a broad span of business and creative arts; a limited monopoly granted by the federal government to protect literary type works |
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originating in common law, involving both federal and state law; a word, name, symbol, or device used by a manufacturer or merchant to identify goods and distinguish them from those manufactured by others
Classifications- generic, descriptive, suggestive, and arbitrary. |
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| Principal/agency relationship |
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| the party for whom an agent acts is the principal; legally, they’re one person |
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| a written or oral agreement that gives another the real authority to act as one’s agent |
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| usually arises as a natural addition to express authority |
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| a doctrine whereby an agent binds a principal to a third party because the principal invests the agent with the appearance of authority, even though actual authority is absent. |
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| a principal may ratify, or approve, unauthorized action taken by the agent |
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| aren’t subject to minimum wage; quarterly payments to IRS, employer doesn’t have that much control |
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| owned by a single person, usually a small business; owner has exclusive control over entire operation |
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| two+ people go into business together, create “Articles of Partnership,” lasts until death of one, equal rights, “fiduciary responsibility”-utmost trust in each other; partners pay the taxes; limited partners are not liable with personal assets; they’re transferrable, like stock |
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Definition
| a business organization which is a legal entity formed in compliance with statutory law whose owners enjoy limited liability; taxed separately from owners; owned by shareholders who receive dividends which are then taxed again; controlled by a BOD; stocks are liabilities, but personal assets can’t be taken. |
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| “piercing the corporate veil” |
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Definition
| if you don’t comply with rules of a corporation your personal assets could be at stake by creditors |
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| if you meet the certain requirements you can elect to be taxed as a partnership; <35 shareholders, and they all must agree to do this |
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| LLC (limited liability company) |
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| everything is spelled out in the contract; it’s NOT technically a corporation; it provides limited liability to its owners |
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| employee can quit at any time, employer can fire at any time, no reason needed |
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| (intentional discrimination) not easy to prove, must be a protected class |
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| neutral standards that are reasonable but are discriminatory against a protected class |
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Definition
| bona fide occupational qualifications- a quality or attribute that employers are allowed to consider when making decisions on hiring and retention of employees |
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| a legitimate business purpose that justifies an employment practice as valid and necessary for the effective achievement of the organization’s objectives and the safe and efficient operation of the business |
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| they were discrimination against minority races with the college degree requirement and intelligence requirement for the higher-paying inside jobs. |
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| Hostile environment harassment |
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| unwanted sexual attention creates an intimidating or hostile environment |
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| age discrimination 40+ protected |
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Definition
| Family and medical leave act- 12 weeks of unpaid leave for new parents, even if you’re adopting… |
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| consolidated omnibus budget reconciliation act…sets minimum wage and length of workweek |
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| immigration reform and control act…can’t hire illegals |
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