legal and social test two

What are intentional torts?

1. Assault 2. Battery 3. Deceit and misrepresentation 4. Defamation 5. Invasion of property (patients BODY is the property)

What is a corporation?

A business owned by stockholders who share in its profits but are not personally responsible for its debts

What is a tort?

A civil wrong

What is business necessity defense?

A defense to allegations of employment discrimination in which the employer demonstrates that an employment of a protected class is related to job performance.

What is strict liability in tort law?

Liability without fault limited to abnormal or ultra-hazardous activities (like wild animals, building implosions)

What is a counteroffer?

a rejection of the original offer and the simultaneous making of a new offer

What are the types of discrimination in the workplace?

age race gender and disability

What is affirmative action?

an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education; positive discrimination.

What is the parol evidence rule in relation to contract law?

are inadismissable in court unless there is evidence of fraud duress or mutual mistake

What remedies are available for a contract breach?

award of damages, specific performance, rescission, and restitution

How is contract performance discharged?

by complete performance

What damages are available for a tort?

compensatory

What is negligence? What are the elements required to prove?

duty, breach of duty, cause, in fact, proximate cause, and harm

Why do we have contract law? and What purpose does contract law serve?

enforce the agreement of the parties.

What duties to officers and directors owe shareholders?

expected to put the welfare and best interest of the corporation over their own

What are key defenses to a contract?

force majeure, commercial impracticability and frustration of purpose

What is sexual harassment in the workplace? What are the types and how can they be proven?

if it is unwanted improper or official or if the victim's refusal affects the job, quid pro quo, and hostile environment

What are major types of torts?

intentional torts, negligent torts, and strict liability courts

What is a revocation of a contract?

is the taking back of an offer by the offeror. The offeror has a change of mind or circumstances and decides to withdraw the offer before it has been accepted

What is required for a valid contract?

mutual assent, expressed by a valid offer and acceptance, adequate consideration, compacity nd legality

Are illegal contracts enforceable?

no they are not

Who are the parties to a contract?

offeror and offeree

What role do personnel handbooks play in the workplace?

outlines your company policies, history, and culture for current and future employees

What are worker's compensation laws? What purpose do they serve?

provides significant and valuable benefits to both employer and employee

What are the major forms of business organizations?

sole proprietorship. partnerships, corporations and limited liability

What is slander?

spoken defamation

What is defamation?

the action of damaging the good reputation of someone; slander or libel.

What are minimum wage laws? What if state and federal minimum wages laws conflict?

the minimum about of remuneration that and employer is required to pay

What is consideration?

the value given in return for a promise

What happens if key terms are vague or missing in a purported contract?

this can result in void of contract

what is libel

written defamation

What is the consequence of being an at-will employee?

you can be fired for any cause