BUS - 340 EXAM 1
Strict Liability
A high level of liability assumed by people or corporations who engage in activities that are very dangerous. Ultra-hazardous activity: a defendant engaging in such acts is virtually always liable for resting harm
what is the difference between assault and battery
Assault is an action (not the harm) that causes another person to fear an imminent battery (threat) where battery is a harmful or offensive bodily contact (intentional tort) You can have assault without battery
who makes privacy laws - federal or state government
BOTH
what is the palsgraf case
Case served to clarity the legal definition of actionable negligence by stating that such negligence must be directed against the plaintiff personally Lady and the railroad Foreseeability (proximate causation) DON MECHANIC
Negligence - landowner liability
Common law Trespasser: a person on someone else's property Not liable for more negligence Licensee (social guest): a person on property for her own purposes, but with the owner's permission Invitee (town beach): a person who has a right to enter another's property because it is a public place or a business open to the public Duty of landowners 1.Duty to Trespassers - not to injure intentionally. 2.Duty to Licensees - to warn of known but hidden dangerous conditions licensees are unlikely to discover for themselves. 3.Duty to Invitees - to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover.
Damages
Compensatory damages: are intended to restore the plaintiff to the position she was in before the defendant conduct caused injury Single recovery principle: requires a court to settle legal case once and for all, by awarding a lump sum for past and future expenses Punitive damages: punishment of the defendant for consult that is extreme and outrageous
what are the elements of defamation
Defamatory statement: a factual statement likely to harm another's reputation Falsity: the statement must be false Communicated: it must be communicated to at least one other person than P Injury: P must show injury unless the statement constitutes slander/libel per se A public official can prove a defamation case only by showing actual malice Malice: (reckless disregard)
Intentional Torts
Does not necessarily require an intention to harm the victim, only an intention to perform the act which caused the injury Defamation: false statements that harm someone's reputation Libel: written defamation EX: a newspaper falsely accuses a store of programming registers to overcharge customers Slander: oral defamation EX: someone publicly and falsely accuses her of being a drug dealer False imprisonment: the intentional restraint of another person without reasonable cause and without consent Battery: a harmful or offensive bodily contact Assault: an action that causes another person to fear an imminent battery Fraud: injuring someone to deliberate deception Intentional infliction of emotional distress: extreme and outrageous conduct that causes serious emotional harm
what are the types of penalty's awarded under the electronic communications privacy act
Duty to due care: the defendant had a legal responsibility to the plaintiff Breach: the defendant breached his/her duty of care Factual causation: the defendant's conduct actually caused the injury Proximate causation: it was foreseeable that conduct like the defendants might cause this type of harm Damages: plaintiff has been hurt or suffered measurable loss
an employer may monitor an employee's emails when
Employers may monitor emails sent by employees on their work devices If they inform them of potentially monitoring
intentional torts require intentional what?
Intention of action, doesn't need to intend harm Deliberate action
Privacy
Is essential to freedom and democracy Data breaches: most people/businesses store important data about themselves electronically, including passwords; thieves eagerly seek access Big data: 80% of American's shop online and online retailers collect their personal data; consumer information is very valuable because firms want to know about you for marketing debt payment There is no single source of privacy law Reasonable expectation of privacy: the test to analyze privacy should be protected Common law - privacy torts: public disclosure of private facts, a tort providing redress to victims of unauthorized and offensive disclosures that were not of legitimate concern to the public Electronic communication privacy act of 1986: a federal statute prohibiting unauthorized interception of, access to, or disclose of wire and electronic communications Wiretap act: the section of the ECPA that prohibits the interception of face-to-face oral communications and telephone calls Stores communication act: the section of the ECPA that prohibits the unlawful access to stored communications, such as email Foreign intelligence surveillance act: federal statute governing the governments collection of foreign intelligence in the US User-generated content: any content created and made publicly available by end users Communication decency act of 1996: providers ISPs immunity from liability when information was provided by an end user CAN - SPAM: a federal statute that regulates but does not prohibit spam. Statute applies to virtually all promotional emails Cybersecurity: almost every state now has data breach laws, and some have enacted specific data disposal laws
what are the rules of detaining a customer
Reasonable basis for the suspicion and detention is done reasonably, suspicion and reasonably restraint (False imprisonment)
Negligence
To win a negligence case, a plaintiff must prove five elements 1. Duty to due care: the defendant had a legal responsibility to the plaintiff 2. Breach: the defendant breaches his duty of care 3. Factual causation: the defendant's conduct actually caused the injury 4. Proximate causation: it was foreseeable that conduct like the defendants might cause this type of harm 5. Damages: plaintiff has been hurt or suffered measurable loss Duty to due care: the defendant had a legal responsibility to the plaintiff Special duty (professionals): a person at work has a heightened duty of care Breach of duty: a defendant breaches his duty of due care by failing to behave the way a reasonable person would under similar circumstances Factual cause: the defendant breach led to the ultimate harm Proximate cause (reasonably foreseeable): refers to a party who contributed to a loss in a way that a reasonable person could anticipate Assumption of the risk: a person who voluntary enters a situation of obvious danger cannot complain if she is injured
Business Torts
Tortious interference with a contract: occurs when a defendant deliberately harms a contractual relationship between two other parties 1. Contract between P and third party existed 2. The D knew of the contract 3. The D improperly induced the third party to breach the contract or made performance impossible 4. P was injured
Product Liability
When products (versus people) cause harm Negligence claim: plaintiffs typically raise one or more of these claims regarding products Failure to warn: the manufacturer is liable for failing to warn the purchaser or users about the dangers of normal use and foreseeable misuse
what is the landowner's duty of care for an invitee (who is an invitee)
a person who has a right to enter another's property because it is a public place or a business open to the public Highest liability (negligence tort)
what is the assumption of risk
a person who voluntary enters a situation of obvious danger cannot complain if she is injured content of sports - jet skiing, by playing the game we assume the risk
what is comparative negligence
a plaintiff may generally recover even if she is partially responsible (relative negligence)
what is CAN-SPAM
is a federal statute that regulates, but does not prohibit spam Statue applies to virtually all promotional emails Must provide a way to opt out of the spam No deceptive wording Clearly indicate the email is an advertisement Must know if its pornographic in nature There does not need be a relationship between the recipient and the spammer
what is a landowner's duty of care to a trespasser
liable only for intentionally injury or for gross misconduct (negligence) Lowest liability Child trespasser: a higher duty to protect the kid
what is commercial exploitation
prohibits the unauthorized use of another person's likeness or voice for commercial purposes
what are punitive damages for
punishment of the defendant for consult that is extreme and outrageous Certain behavior is so unacceptable that society must make an example of it
what is the single recovery principle
requires a court to settle a legal case once and for all, by awarding a lump sum for past and future expenses they can litigate again