LSB Exam 3

Wrongful Interference with a Contractual Relationship Occurs When

-Defendant knows about contract between A and B; -Intentionally induces either A or B to breach the contract; and -Defendant benefits from breach

Wrongful Interference with a Business Relationship Occurs When

-Established business relationship; -The defendant uses predatory methods to cause the relationship to end; and -Plaintiff suffers damages

Defenses to Wrongful Interference

-The interference was justified or permissible; -Bona fide competitive behavior (such as marketing) is a permissible interference even if it results in the breaking of a contract

The plaintiff must prove the following*****must know

1. Duty: Defendant owed plaintiff a duty of care. 2. Breach: Defendant breached that duty. 3. Causation: Defendant's breach caused the injury. 4. Damages: Plaintiff suffered legal injury

What factors does a court consider when looking if a duty of care was breached

1. The nature of the act 2. The manner in which the act was performed 3. The nature of the injury

Defenses to Trespass to Land

1. The trespass is warranted (necessary) to assist some in danger. 2. The trespasser is a licensee (such as a utility service person).

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the "50 percent rule," Oliver would recover​

400,000$

Plaintiff recovers only if liability is less than 50%.

50 Percent Rule

Plaintiff recovers nothing if liability is greater than 50%

51 Percent Rule

False and defamatory statements made about public figures are privileged unless they are made with actual malice (knowledge of falsity OR reckless disregard of the truth or falsity).

Absence of Malice

Use of another's name, likeness, or other identifying characteristic for commercial purposes without the owner's consent

Appropriation

A plaintiff that knows the risk and voluntarily engages in the act anyway may not recover from the alleged tortfeasor

Assumption of Risk

Arrow Corporation makes archery supplies. While using an Arrow bow, Balto is injured due to a defect in the bow that causes an arrow to misfire. Chu, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow may be liable to

Balto and Chu

It is unexcused and harmful or offensive physical contact intentionally performed; contact made by the defendant or by actions set in motion by the defendant

Battery

Oxley throws a rock intending to hit Pieter but misses and hits Ricardo who sustains an injury. Ricardo can most likely recover the cost of his injury from Oxley in a suit based on the tort theory of​

Battery

Agro, Inc., sells seed to farmers. Bram buys and plants Agro seed on his farm, but no crop grows because the seed is defective. Bram sues Agro for product liability based on negligence. To win, Bram must show that​

Bram suffered damage caused by the defect

Did the injury occur because of the defendant's act, or would the injury have occurred anyway?

Causation in Fact

Most states have replaced contributory negligence with the doctrine of comparative negligence; computes liability of plaintiff and defendant and apportions damages

Comparative Negligence

What kind of damages are designed to reimburse plaintiff for actual losses

Compensatory damages

Under common law doctrine of contributory negligence, if the plaintiff caused his injury in any way, he was barred from recovery

Contributory Negligence

Wrongful possession or use of property without permission

Conversion

The plaintiff must prove special damages (actual economic loss)

Damages for Slander

Wrongfully hurting a person's good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others.

Defamation

Liability for injuries may be imposed upon bartender and bar owner

Dram shop acts

Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because​

Duff was not injured

Digg Deep Inc. makes and leases a backhoe to Estes. Due to a defect attributable to Digg Deep's negligence, Estes is injured in an accident in which his neighbor Fortis is also hurt. In a product liability suit based on negligence, Digg Deep may be liable to​

Estes and Fortis

Misrepresentation of material fact; Intent to induce another to rely on the misrepresentation; Justifiable reliance by innocent party; Damages suffered as a result of reliance; A causal connection between misrepresentation and the injury suffered; more than just puffery

FRAUDULENT MISREPRESENTATION`

Even if the rightful owner consented to the initial taking of the property, a failure to return the property may still be conversion

Failure to Return Goods

Protects someone who renders aid to an injured person from being sued for negligence

Good Samaritan Statutes

A trespasser is generally liable for damage caused to the property and generally cannot hold the owner liable for injuries sustained on the premises

Liability for Harm

Marlo publishes a book titled No Equals, which includes a chapter from Paige's copyrighted book Olympic Champions. Marlo's use of the chapter is actionable provided that

Marlo's does not have Paige's permission

Percentage of damages that the plaintiff causes are subtracted from the total award

Modified Comparative Negligence:

Failure to live up to a required duty of care that a reasonable person would exercise in similar circumstances. Intent is not required, only the creation of risk of the consequences experienced by the plaintiff

Negligence

disparagement of property

Occurs when economically injurious falsehoods are made about another's product or property rather than about another's reputation

When the causal connection between the act and injury is strong enough to impose liability

Proximate Cause

What kind of damages are designed to punish the tortfeasor and deter others from wrongdoing

Punitive damages

allows plaintiff to recover even if his liability is greater than that of defendant

Pure comparative negligence

The degree of care expected of a hypothetical "reasonable person;" not necessarily how this person would act, rather how this person should act.

Reasonable Person Standard

RiteMade Machinery, Inc., designs, makes, and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided

RiteMade's design is patented

Sail-Away Corporation makes sailboards, which are bought and distributed by Tropic Company to UV Sports Stores, Inc., which sells them to consumers. Wen is injured while using a Sail-Away board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from​

Sail-Away, Tropic, or UV Sports

Louann pushes Molly, who falls and breaks her wrist. Louann is liable for the injury

if Louann intended to push Molly

After a dinner at Rosario's Italian Café, Susie believes that she was overcharged and shoves Theo, the waiter. Theo sues Susie, alleging that the shove was a battery. Susie is liable​

if the shove was offensive

Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Dura-mold, Inc., liability may be imposed on Ceramics if the tiles sold to Dura-mold were​

in a defective condition that was the proximate cause of the damage

Common law recognizes four acts that qualify as improperly infringing on another's privacy

invasion of privacy

Data Marketing, Inc., registers its trademark as provided by federal law. After the first renewal, this registration

is renewable every ten years

Rose, who is obese, files a product liability suit against Burger Meal Corporation (BMC), alleging that BMC's food is unhealthy because, as Rose knows, it contains high levels of cholesterol and saturated fat. BMC can most successfully assert the defense of​

knowledgeable user

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely:

knowledgeable user.

Landowners must exercise reasonable care to protect persons on their property from harm—even trespassers; Business owners must warn invitees of potential harm on their premises, Obvious risks require no warning

landowners duty

Galileo buys a copy of the book Hip Hop. Later, after reading the book, Galileo sells the book to his sister Inez. This sale of the book is

legal

To recover damages, plaintiff must show

legally recognizable injury

Brandname Parts, Inc., makes and sells parts for the repair of major appliances. Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh. A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage. This is a statute of​

limitations

Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company's stock price declines in value. The reliance that gives rise to liability for fraud requires​

misrepresentation of a fact knowing that it is false

An Illinois state statute requires amusement parks to maintain equipment in certain condition for the protection of patrons. Jasper's Fun Park fails to maintain its equipment. Kaitlin, a patron, is thereby injured. Jasper's committed​

negligence

Camp Gear, Inc., makes and sells a camp stove to Devin. Camp Gear fails to exercise "due care" to make the stove safe, however, and Devin is injured as a result. Camp Gear is most likely liable for​

negligence

David trespasses on Expo Corporation's property. Through the use of reasonable force, Expo's security guard detains David until the police arrive. Expo is liable for

none of the choices

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is​

none of the choices

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks​

normally associated with the tournament

Quint sells cars for Rough Ride Motors. To make a sale, he asserts that a certain model of a Swifty auto is the "best one ever made." This is​

not fraud

Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover

nothing

Precision Craft, Inc., makes tools. While using a Precision tool to replace an electrical fixture, Stan neglects to shut off the power and is electrocuted. Stan's heirs file a suit against Precision. In a contributory negligence jurisdiction, the plaintiffs could recover​

nothing

River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are​

obvious

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to​

only those whose injuries could have been reasonably foreseen

Richard, an engineer, supervises the construction of a new mountainside roadway. When the road collapses in a landslide due to faulty grading, Richard is sued by motorists and hikers injured in the collapse. As a professional, Richard is held to the same standard of care as​

other engineers

Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permission. This is most likely

patent infringement

Gro, Inc., makes genetically modified seeds with properties that are identical to Harvest Corporation's patented seeds, without Harvest's permission. This is most likely

patent infringement

Sui Generis, Inc. (SGI), designs and sells solar energy cells to research laboratories, commercial businesses, and individual consumers. Later, without SGI's permission, Mimic Company begins to sell cells of identical design to the same markets. This is most likely​

patent infringement

​Sui Generis, Inc. (SGI), designs and sells solar energy cells to research laboratories, commercial businesses, and individual consumers. Later, without SGI's permission, Mimic Company begins to sell cells of identical design to the same markets. This is most likely​

patent infringement

Therapeutic Corporation makes medical devices that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a design defect product liability suit against Therapeutic by a party allegedly injured by one of the devices, the company can most successfully raise the defense of

preemption

A manufacturer's, seller's, or lessor's liability to consumers, users, and bystanders for physical harm or property damage that is caused by the goods

product liability

The false statement must hold an individual up to hatred, contempt, or ridicule in the community and be "publicized" (communicated) to a third party

publication requirement

Trade Publishing Inc. owns the rights to the Aura series of paranormal-themed novels, and publishes and sells copies in bookstores and online. Sydney buys and reads a copy of each book in the series. With regard to these copies, Sydney can

sell them to someone else

In a digital billboard ad, Mainstream Headwaters falsely accuses Northwest Passages, a competitor, of selling stolen kayaks, canoes, and other boats and boating gear. Northwest's sales decrease. Mainstream has most likely committed​

slander of title

Liability regardless of fault

strict liability

Cookin' Products Company makes heat convection ovens. DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she​

suffered an injury caused by the defect

Moe applies nano technology to invent a device that reduces the half-life of spent plutonium rods used in nuclear-fuel reactors. He names the device "Halftime." He also writes Nano Nukes, a book about this invention and other uses for nano technology. Moe can obtain copyright protection for​

the book Nano Nukes

Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is

the cause in fact

Resurgent Corporation designs a new mobile device that the firm names "SyFye." The company can obtain patent protection for

the device

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

the expectations of the ordinary consumer

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider​

the expectations of the ordinary consumer

Like most successful companies, Pads & Phones, Inc. (P&P), has trade secrets. The law protects those secrets if

the information is unique and has value to a competitor

iMeeMine Inc. develops a new mobile phone that the company names "Call Mee." iMeeMine can obtain trademark protection for

the name "call Mee"

Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may conside

the obvious risk of the product

Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider

the obvious risks of this product.

MedBeat Inc., makes medical devices, including heart pacemakers. Nina, a heart patient, files a product liability suit against MedBeat, alleging a warning defect with respect to its pacemaker. In deciding whether to hold MedBeat liable, the court may consider whether there is a foreseeable risk of harm posed by the pacemaker and​

the omission of a warning renders the pacemaker not reasonably safe.

Bess, an accountant, distributes a handbill to her business clients and potential customers accusing her competitor Ciera of being a convicted thief. The statement is defamatory if​

the statement is false

A civil wrong, not arising from a breach of contract or other agreement or a breach of a legal duty, approximately causing another person harm or injury

tort

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is a

trade name

The process behind the production of "Account Inc.," a suite of business accounting and inventory software, is protected by

trade secrets law

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely​

trademark infringement

From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to

traffic in counterfeit packaging

Basil, a clerk at Cycle World, takes a bicycle from the store without the owner's permission. Basil is liable for conversion

under any circumstances

Kojo, a LifeCare Medical Supplies salesperson, follows Malin, a salesperson for National Medco Products, a LifeCare competitor, as Malin visits medical clinics, doctors' offices, hospitals, and other locations to make sales. Kojo solicits each of Malin's customers. Kojo is most likely liable for​

wrongful interference with a business relationship

Are statements of opinion protected speech under the First Amendment? are they actionable or not?

yes; not actionable

Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks

​normally associated with the tournament

Torts related to abusive or frivolous litigation include

• Malicious prosecution • Abuse of process difference in level of proof

is an exception and no proof of damages is necessary when the statement involves a loathsome communicable disease; business improprieties; serious crime; or serious sexual misconduct.

Slander Per Se

Publication of false information about another's product (trade libel)

Slander of Quality

Publication falsely denies or casts doubt on another's legal ownership of property, resulting in financial loss.

Slander of Title

In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Thor, Inc. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that​

Sleek Feet's use is likely to impair the distinctiveness of Thor's mark or harm its reputation

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that​

Soda is in a better position than Talia to bear the cost of her injury

Cookin' Products Company makes heat convection ovens. DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she​

Suffered an injury caused by the defect

An unforeseeable, intervening act that breaks the causal link between defendant's act and plaintiff's injury, relieving defendant of liability

Superseding Cause

Intent of tortfeasor is transferred when he intends to harm person "A" but unintentionally harms person "B" as well.

Transferred Intent

Intentional interference with another's use or enjoyment of personal property without consent or privilege; conversion; failure to return property

Trespass to Personal Property

What are the defenses to defamation

Truth; Privileged (or immune) speech (absolute or qualified); absence of malice;

A wrongful act the tortfeasor committed without knowing its wrongfulness or without intending to commit the act

Unintentional Tort

Island Breeze Company designs and makes desk, window, and ceiling fans. In a product liability suit based on negligence, Island Breeze could be liable for violating its duty of care with respect to all of the following except​

a consumer's unforeseeable misuse of a fan

Stan, an air conditioning and heating technician, files suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock while being installed. Temp-Set's best defense is most likely

a knowledgable user

Mary Kate Inc. allows Ashley Company to use Mary Kate's trademark as part of Ashley's domain name. This is

a license

Metro Movers Miami Corporation allows Metro Movers Milwaukee Company to use Metro Movers' trademark as part of its company advertising. This is

a license

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as​

a reasonable person

Global Insulation Company makes and sells fire-retardant building materials. To determine whether the risk of harm from the products as designed outweigh their utility to the users and the public, most courts would engage in​

a risk-utility analysis

Constellation Research Inc. uses a mark associated with its name to distinguish its services from those of other tech firms. This mark is

a service mark

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a

a service mark

Jon wants to buy Kim's land, but she refuses to sell. Jon begins using subpoenas, court orders, and other formal legal procedures in an unrelenting effort to force Kim to sell. This is​

abuse of process

Fleet Feet Corporation makes athletic shoes. Gloria, a marathoner, files a product liability suit against Fleet Feet, alleging a design defect. In deciding whether to hold Fleet Feet liable, the court may consider an alternative design's​

advantages and disadvantages

Jon Joans decides to use his personal name for a line of clothing he is developing. Whether or not the name Jon Joans acquires a secondary meaning will depend on​

all choices are correct; the number of clothing sales Jon makes, how extensively Jon markets his line of clothing, the market for Jon's line of clothing

Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under

an applicable Good Samaritan statute

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider​

an available alternate design

SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except​

an ineffective marketing plan

To make and sell fireplaces, Hearth, Inc., buys igniters, tubing, and other parts from Inflame Parts and installs them without modification. If the parts are defective, strictly liable for any damage caused by the defects​

are Hearth and Inflame

Any intentional and unexcused threat of immediate harmful or offensive contact—whether words or acts—that create a reasonably believable threat; no physical contact is necessary

assault

​David trespasses on Expo Corporation's property. Through the use of reasonable force, Expo's security guard detains David until the police arrive. Expo is liable for

assault

Manuel is walking past Tomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Tomas's house, finds the child and brings it outside. If Tomas sues Manuel for trespass to land, Manuel's defense will probably be​

assisting someone in danger

The brakes on Ned's Overland truck malfunction, but he continues to drive it. Unable to slow down, he crashes through a guardrail and careens off the road. In Ned's suit against Overland, the truck maker can raise the defense of​

assumption of risk

Li'l Canine Company (LCC) uses a trademark that neither LCC nor anyone else has registered with the government. Under federal trademark law, LCC

can register the mark for protection

Even though a tortfeasor owes a duty of care and breaches the duty of care, the act must have caused the plaintiff's injuries. Courts ask two questions: • Is there a causation in fact? • Was the act the proximate (or legal) cause of the injury?

causation

Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam. At the time, Flo is not wearing any safety gear. In Flo's product liability suit against Girder, the company can most successfully raise the defense of​

comparative negligence

Power Trucking Company operates a fleet of fuel trucks. When one of the trucks is positioned to receive a load, it strikes a storage tank owned by Quality Fuel, Inc. For the cost of repairing the damage to the tank, Quality Fuel is most likely to be awarded​

compensatory damages

what are the damages available in tort actions

compensatory, special, general, and punitive

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable for trademark infringement provided:

consumers are confused

Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for​

conversion

In his recording "Nothing Nu 4U," O'Reilly uses the melody of a song written by Pete. O'Reilly did not obtain Pete's permission. This is

copyright infringement

Mace copies Nick's book, Off the Road, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

copyright infringement

Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by

copyright law

General damages are presumed and the plaintiff does not have to prove actual injury; Damages include compensation for disgrace, dishonor, humiliation, injury to reputation, and emotional distress

damages for libel

Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indie's permission. He may be liable for

damages, fines, or imprisonment

In a tweet to Clyde, a reporter for the site Blast, Ethan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is​

defamation

what must by present to prove defamation

defendant made a false statement of fact; statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation; statement was published to at least one person other than the plaintiff; plaintiff is a public figure, she or he must also prove actual malice

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he

does not have Bella's permission to drive on the property

Professionals may owe higher duty of care based on special education, skill, or intelligence.

duty of professionals

Sea & Sail Corporation makes boats and boating supplies. Theresa files a product liability suit against Sea & Sail, alleging a design defect. In deciding whether to hold the boat maker liable, the court may consider an available alternative design based on the design's

effect on the product

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery​

even if Ichiro was only slightly at fault

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of​

fact

Diego is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Diego's paperwork, he is held in jail for a month. The police are most likely liable for

false imprisonment

The intentional confinement of another person or restraint of another person's activities without justification; through the use of physical barriers, physical restraint, or threats of physical force

false imprisonment

In 2017, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners. Kelly does not register the work with the appropriate government office. Under federal copyright law, Kelly's work is protected

for the life of the author plus 70 years

Louie invents "Market Up," new business inventory control software, and applies for a patent. If Louie is granted a patent, it will protect the product

for twenty years

Defendant owes duty to protect plaintiff from foreseeable risks that defendant knew or should have known about

foreseeability

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

foreseeable risks

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of​

foreseeable risks

City Slick, Inc. makes cosmetics. City Slick intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Dora buys a City Slick product and suffers an injury. City Slick is most likely liable for​

fraud

Eco Products, Inc., makes espresso machines and sells one to Fresh Roast Café. Gus, a café' employee, is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product, Eco is most likely liable for

fraud

Eco Products, Inc., makes espresso machines and sells one to Fresh Roast Café. Gus, a café' employee, is injured when the machine malfunctions. If the injury occurred as a result of a misrepresentation about the product, Eco is most likely liable for​

fraud

Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for​

fraudulent misrepresentation

Garden Tool Company makes chain saws. Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence. To win, Hadrian must show that​

garden did not use due care with respect to the trimmer

Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of​

Ian's discovery of an injury caused by the opener

An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another; must be extreme and so outrageous that it exceeds the bounds of decency accepted by society in order to be actionable ; First Amendment's guarantee of freedom of speech limits emotional distress claims when the outrageous conduct consists of speech about a public figure.

Infliction of Emotional Distress