Term
| Independent contractor factors |
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Definition
1. The extent of control which by agreement the aster may exercise any details over work
2. Whether or not the one employed is engaged in a distinct occupation
3. The kind of occupation with reference to whether in the locality the work is usually done under the direction of the employer or by specialist without specialist;
4. The skill required in the particular occupation
5. Whether the employer or workman supplies the instrumentalities, tools, and the place of work for the person doing the work
6. The length of time for which the person is employed
7. The method of payment whether by time or by the job
8. Whether the work is part of the regular business of the employer
9. Whether or not the parties believe they are creating the relation of master and servant; and
10. Whether the principal is or is not in business. |
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Term
| Joint Enterprise Elements |
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Definition
not business entities-
(1) agreement
(2) a common purpose
(3) a community interest and
(4) an equal right to a voice, accompanied by an equal right of control over the instrumentality
• joint enterprises do not apply to business ventures
• Each member is liable for the actions of other members with regard to third person who are not members; a joint enterprise does not establish a duty of care between its members. |
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Term
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Definition
Business ventures-
(1)An agreement
(2)They have a common purpose (Individually Share Expenses)
(3)A community of interest
(4)Equal right to a voice PLUS equal right of control (Equal Respect of Desires) |
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Term
| vicarious liability for intentional torts |
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Definition
An intentional tort does not relieve the employer of liability
If the employee acts from personal motives the employer is not liable |
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Term
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Definition
| One devoted to the service of mankind and customary to keep as an animal |
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Term
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Definition
| not devoted to the service of mankind and not customary to keep as an animal |
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Term
| Strict Liability for domesticated animals |
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Definition
| only applies where the owner knows or should have known that the “animal has dangerous propensities to its class” |
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Term
| Strict Liability for wild animals |
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Definition
| strictly liable for all damage done by it, as long as the damage results from a dangerous propensity that is typical of the species in question |
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Term
| strict liability and abnormally dangerous activities |
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Definition
| A person is strictly liable for any damage which occurs while he is conducting an abnormally dangerous activity |
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Term
| Five exceptions to no liability for independent contractors |
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Definition
1. Employer is negligent in selecting the contractor.
2. work has a peculiar risk of harm.
3. duty to keep its premises safe for customers.
4. |
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Term
| Abnormally dangerous activity |
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Definition
1. Risk of harm
2. Harm will be great
3. Cannot be avoided by reasonable care
4. Not common
5. Not necessary
6. Risk outweighs value |
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Term
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Definition
Majority:
a product is defective if its design contains excessive preventable danger |
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Term
| Consumer expectation test |
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Definition
Minority:
focuses on what level of safety the ordinary consumer would expect the product to have |
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Term
| Strict Products Liability |
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Definition
1. The item was made or sold by the D
2. The product was defective
3. The defect caused the P’s injuries and
4. The defect existed when the product left the defendants hands |
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Term
| Products Liability: Warranty |
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Definition
| Express warranty, Implied warranty of fitness for particular purpose ((1) the seller knows that the buyer wants the goods for a particular purpose (2) the buyer relies on the sellers judgment to recommend a suitable product), Implied warranty of merchantability (fit for the ordinary purposes for which such goods are used) |
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Term
| Products liability: disclaiming implied warranties |
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Definition
| a seller may make a written disclaimer of the warranty of merchantability, but only if it is conspicuous. Also the word merchantability must be SPECIFICALLY mentioned |
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Term
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Definition
| • All of the similar products manufactured by D are the Same, and they all bear a feature whose design is itself defective and unreasonably dangerous |
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Term
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Definition
| the product leaves the control of the manufacturer in a condition that is different from what the manufacturer intended |
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Term
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Definition
| also defective when warnings/instructions are not provided; the maker has neglected to give a warning of a danger in the product |
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Term
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Definition
•A defamatory statement: A false and defamatory statement concerning P
•A communicating of that statement to a person other than the P(a publication)
• Fault on part of D, amounting to at least negligence
• Special harm or the actionability of the statement despite the non-existence of such special harm |
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Term
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Definition
| libel on the face of the statement and is actionable without proof of actual damages. |
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Term
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Definition
| A libel per quod is not libelous on the face of the communication, but becomes libelous in light of extrinsic facts known by the recipient of the communication. |
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Term
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Definition
| Defamation by sound. Must prove special damages. |
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Term
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Definition
Do not have to prove special damages.
1. Imputation of morally culpable crime
2. Loathsome disease
3. Adversally affects ability to do business.
4. Sexual misconduct. |
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Term
| Defamation fault for public official |
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Definition
| political figures: actual malice- |
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