law exam ch6-9

Comparative Negligence

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Assumption of Risk

A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.

duty to warn business invitees of risks

Retailers and other firms that explicitly or implicitly invite persons to come onto their premises are usually charged with a duty to exercise reasonable care to protect these business invitees.

. Statutory Protection of Trademarks

Statutory protection of trademarks and related property is provided at the federal level by the Lanham Act of 1946.

a. Abnormally Dangerous Activities

Strict liability is imposed for abnormally dangerous activities that cause injury or death.

. Searchable Patent Databases

The U.S. and European patent offices provide searchable databases for locating patents. Because patents are valuable assets, businesses may need to perform searches to list assets. Patent searches can also study trends in an industry.

What is Protected Expression

Work must be "fixed in a durable medium." Protection is automatic, registration is not required

. The "Fair Use" Exception

an exception to copyright in the use or education or news

a. Conversion

any act that deprives an owner of personal property or of the use of that property without the owner's permission and without just cause

Punitive Damages

are damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing.

Battery

as unexcused and harmful or offensive physical contact intentionally performed.

Injury Requirement and Damages

For a tort to have been committed, the plaintiff must have suffered a legally recognizable injury. To recover damages (receive compensation), the plaintiff must have suffered some loss, harm, wrong, or invasion of a protected interest.

Proximate Cause

Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.

a. Privity of Contract not Required

No privity of contract required between plaintiff and manufacturer. Liability extends to any person's injuries caused by a negligently made (defective) product.

Compensatory Damages

to compensate or reimburse the plaintiff for actual losses.thus the goal is to make the plaintiff whole and put her or him in the same position that she or he would have been in had the tort not occurred.

the purpose of tort law

to provide remedies for the violation of various protected interests

Causation in Fact

usually can be determined by use of the but for test: "but for" the wrongful act, the injury would not have occurred

assault

is any international and unexcused threat of immediate harm or offensive contact words or acts, that create a reasonably believable threat.

Remedies for Copyright Infringement

liable for damages or criminal penalties

Obvious Risks Provide an Exception

some risks are so obvious that the owner does not need to state it

Patent Infringement

stealing idea

Remedies for Patent Infringement

sue them

Wrongful Interference with a Contractual Relationship

there are three things that need to be involved for wrongful interference with a contractual relationship 1) a valid enforceable contract must exist between two parties 2) a third party must know the contract exists 3) the third party sways one to breach contract

Assumption Risk

Any misrepresentation, either by misstatement or by omission of a material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.

reasonable person standard

The standard of behavior expected of a hypothetical "reasonable person." The standard against which negligence is measured and that must be observed to avoid liability for negligence.

Superseding Cause

This relieves the defendant of liability for injuries caused by the intervening event.

What is Patentable?

a grant from the government that gives inventor the exclusive rights to make use sell his or her invention

Fraudulent Misrepresentation

a misrepresentation leads another to believe in a condition that is different from the condition that actually exists.

False Imprisonment

false imprisionment is the intentional confinement or restraint of another persons activities without justification, false imprisionment interferes with the freedom to move without restraint.

a. Trespass to Land

goes onto property

. Trademark Registration

must be registered with state or government

Duty of Professionals

persons who posses superior skills knowledge and training are held to a higher standard. ex doctors

Trademark Infringement

pretty much you r logo

Foreseeability

questions of proximate cause are liked to the concept of foreseeability because it would be unfair to impose liability.