Business Law- Ch. 8, 9, 10, 29, 30, 42
Tort Law: How the obligation is enforced
suit by plaintiff
community property
system of ownership of marital property in which assets earned during marriage are owned jointly by the spouses;
conversion
taking or using someone's personal property (any possession other than land or structures) without consent
limit on punitive damages
9x
defamation
law that concerns false statements that harm reputation (can be written or spoken)
zoning
state laws that permit local communities to regulate building use
quid pro quo-
- one thing in return for another
4 types of illegal activities
1. disparate treatment 2. disparate impact 3. hostile environment 4. retaliation
Tortious interference with a contract example
Texaco
Statute of Limitations
The time within which a case must be commenced.
morbidly obses
disability
Prove actual malice
knowledge it was wrong or needs reckless disregard
fair price
market value
Slader
spoken defamation
tenancy for years
ste=ated fixed period
remainder
the right of a third person to property upon the death of a life tenant
social media policies
violate the NLRA if they unreasonably limit employee speech about work conditions
does an employer have the right to monitor electronic communication even if it doesn't relate to work activities?
yes but one thing employers cannot do is access an employee's social media profile through trickery or coercion
Can a defendant's act be both a crime and a tort?
Yes
GINA
cant require genetic testing or use info about genetic makeup
replacement workers
when employees go on strikes, management has the right to use replacement workers during economic strike, employer may hire permanent replacement workers - ULP strike, union members can get job back
risk-utility test
when evidence shows that a reasonable person would conclude that the benefits of a product's particular design compared to a reasonable alternative design did not outweigh the dangers inherent in the original design 1. the value of the product 2. the gravity or seriousness of the danger 3. the likelihood that such danger will occur 4. the mechanical feasibility of a safer alternative design 5. the adverse consequences of an alternative design
easement by grant
when one party transfers an easment to another party
slander per se
when oral statements relate to criminal or sexual conduct, contagious diseases, or professional abilities, they are assumed to be harmful to the subject's reputation
Libel per se
when written statements relate to criminal or sexual conduct, contagious diseases, or professional abilities, they are assumed to be harmful to the subject's reputation
libel
written defamation
surveillance
(n.) a watch kept over a person; careful, close, and disciplined observation
serious health condition
- any health issue that requires hospitalization, requires more than 1 visit to a healthcare provider, requires a course of treatment such as physical therapy or prescription medication
tenancy in commmon
- any number of owners - equal interest - may convey interest in the property to another person - partition- division of the property among co-tenants - court: partition by kind- divides land equally
qualified privilege
- more than half of states recognize - means that employers are liable for false statements that they know to be false or that are primarily motivated by ill will
defamation
- opinions are not defamatory - statements must be verifiably false - anonymity- 1. assess whether there is compelling evidence of wrongful conduct and 2. balance the need for disclosure against 1st amendment speech
some states require employer to
- provide 14 days notice of work schedules - pay workers extra for each shift cancelled on short notice - pay extra for split shifts - avoid retaliating against workers who ask for changes in their work schedule
Ehling v. Monmouth-Ocean Hospital Service Corp.
-Elling had a facebook page and she posted about a shooting in the DC holocaust museum. -She is a nurse and basically said she would have let the shooter die and criticized the paramedics. -Her nursing license was yanked and she sued; doctors and nurses have an oath to not let anyone die not matter what. • Questions of privacy. • Plausible claim to invasion of privacy
pregnancy discrimination act
amendment to the civil rights act, which prohibits employers from firing, refusing to hire, or failing to promote a woman because she is pregnant
How are compensatory damages calculated?
1. a plaintiff receives money for medical expenses that he has proven by producing bills 2. the defendants are liable for lost wages 3. a plaintiff is paid for pain and suffering
justification for defense
1. acting to protect an existing economic interest 2. acting in public interest 3. the existing contact could be terminated at will by either party
organizing process
1. campaign 2. authorization cards 3. petition 4. election
4 elements to a defamation case
1. defamatory statement (factual statement that harms reputation) 2. falsity 3. communicated (must be communicated to at least one other person) 4. injury (show that injury was caused by the statement)
strict liability for defective products
1. defective condition unreasonably dangerous to the use.- the manufacture must provide adequate warnings of any danger that are not apparent 2. in the business of selling- normally sells that kind of product 3. reaches the user without substantial change 4. has exercised all possible care- it is no defense that the seller used reasonable care 5. no contractual relation
To win a negligence case, the plaintiff must prove 5 elements:
1. duty of due care- legal responsibility to the plaintiff 2. breach 3. factual case- actually caused injury 4. proximate case- foreseeable that defendant's might cause this type of harm 5. damages- the plaintiff has actually been hurt or has suffered a measurable loss
the law must
1. further an important gov interest 2. by means that are narrowly tailored to serve that interest
Occupational Safety and Health Act
1. general duty- workplace free from hazards 2. specific health and safety standards 3. records 4. oversight
The Tort of intrusion requires the plaintiff to show that the defendant
1. intentionally intruded, physically, or otherwise 2. upon solitude or seclusion of another or on his private affairs or concerns 3. in a manner highly offensive to a reasonable person
core principles of FIPS
1. notice/awareness 2. choice/consent 3. access/participation 4. integrity/security
security and data breaches
1. phishing- attempts to fraudulently acquire personal data from users 2. hacking the internet of things- which disrupts computers imbedded in household objects such as security cameras, mattresses, thermostats, and even toys malware- that enables criminals to control computers and destroy data 4. denial-of-service attacks- which shut down computers and networks
Res Ipsa Loquitur only applies when
1. the defendant has exclusive control of the thing that caused the harm 2. the harm normally would not have occurred without negligence, and 3. the plaintiff had no role in causing the harm
To win a false advertising lawsuit from the company or the government, the company must prove these 4 elements.
1. the defendants made false or misleading fact statements about its products or those of a competitor 2. the statements were material and likely to influence purchasing decisions 3. the defendants used the statements in commercial advertising or promotion 4. the statements created the likelihood of harm
employer has the right to monitor workers electronic communications if
1. the employee consents 2. the monitoring occurs in the ordinary course of business 3. in the case of email, if the employer provides the computer system
whistleblowers are protected in the following situations
1. the false claims act- statute that permits whistleblowers to bring lawsuits against anyone who defrauds the gov and prohibits an employer from retaliating against workers who file suit under this statute 2. Sarbanes-Oxley Act of 2002- protects employees of publicly traded companies who provide evidence of fraud to investigators 3. the dodd frank wall street reform and consumer protection act- anyone who provides info to the gov about violations of securities or commodities las is entitles to a payout of from 10 to 30 percent of whatever award the gov receives, award tops at 1 million 4. constitutional protection for government employees- employees of federal, state, and local gov have a right to free speech under the US constitution 5. statutory protection for federal employees- the civil service reform act and whistleblower protection act prevent retaliation against federal employees who report wrongdoing 6. state laws
3 Guideposts for Punitive Damages
1. the reprehensibility of the defendants conduct 2. the ratio between the harm suffered and the award 3. the difference between the punitive award and any civil penalties used in similar cases
The plaintiff must establish 4 elements to prove Tortious interference with a contract:
1. there was a contract between plaintiff and 3rd party 2. defendant knew of the contract 3. defendant properly induced 3rd party to breach contract OR made performance of the contract impossible 4. there was injury to plaintiff
a good privacy policy will communicate:
1. what data is being collected about you 2. how this info is being used 3. whether your data is shared with 3rd parties 4. how long your data is kept 5. if and how you can get access to your data
the national labor relations act
1. who engage in collective activity 2. relating to work conditions and 3. who are not supervisors
New York Times v. Sullivan
1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth
landowners duty of care has
4 levels of liability
the courts have interpreted these pprovisions to prohibit employent discriminaton by federal state and local govs
5th and 14th amendment
CAN-SPAM Act
A federal law that placed guidelines on mass commercial emails. EMAIL: - may not have deceptive headings - must offer an opt out system - must clealy indicate that the email is an ad - must provide a valid physical return address - must clearly indicate the nature of porn messages
Electronic communications privacy act of 1986
A federal statute prohibiting unauthorized interception of, access to, or disclosure of wire and electronic communications
failure to warn
A manufacturer is liable for failing to warn the purchaser or users about the dangers of normal use and also foreseeable misuse. - there's no duty to warn about obvious dangers
Affirmative Action
A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities 3 sources: 1. litigation 2. voluntary action 3. gov contracts
Public disclosure of private facts
A tort providing redress to victims of unauthorized and embarrassing disclosures 1. the defendant made public disclosure 2. the disclosed facts had been private 3. the facts were not of legitimate concern to the public 4. the disclosure is highly offensive to a reasonable person
Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?
Adam committed an assault and a battery
covenant of good faith and fair dealing
An implied covenant under which the parties to a contract not only are held to the express terms of the contract but are also required to act in "good faith" and deal fairly in all respects in obtaining the objective of the contract.
superseding cause
An intervening force or event that breaks the connection between a wrongful act and an injury to another; in negligence law, a defense to liability.
california consumer privacy act
California legislation that guarantees consumers have the right to know how their personal information is collected and shared and to demand that such information be erased
Carvel v. Noonan
Carvel sold ice cream only through franchised stores. Declining revenues caused the company to begin selling its products in supermarkets. Many franchise stores went out of business. Franchisees filed suite, claiming tortious interference with a prospective advantage. Plaintiffs argued that Carvel undersold them in supermarkets, and issued coupons only redeemable there. Court ruled for defendant (Carvel). The coupon program was not economic pressure rising to the level of wrongful or culpable conduct.
Peterson v. Exide Technologies
FACTS - Exide issued repeated warnings to Robert Peterson for driving forklifts too fast and violating other safety rules. - After he was injured in a forklift crash, Exide granted him FMLA leave for 10 days while he recovered. - Peterson's manager fired him during the leave period for "flagrant violation of safety rules." - Peterson sued, claiming that he was terminated in retaliation for exercising his right to take FMLA leave. - The lower court granted summary judgement to Exide, and Peterson appealed. ISSUE - Was Peterson fired in retaliation for claiming FMLA leave? EXCERPTS - According to Defendant's Plant Manager: Based on my own review of the photographs and the damage they depicted, Plaintiff was driving too fast at the time of the crash and was not operating his forklift in a safe manner. - Such conduct on Plaintiff's part was a flagrant violation of the company health and safety policy and posed a threat to the safety of Plaintiff and other Exide employees. - The Plant Manager also based his decision to fire the Plaintiff on the "history of careless and unsafe conduct" reflected in Plaintiff's personnel file. - Defendant has adequately demonstrated a nonretaliatory reason for Plaintiff's termination. - Thus, the burden shifts back to Plaintiff to show pretext. - Plaintiff argues Defendant's asserted justification is pretextual because the forklift accident was a "minor accident." - Whether the accident was minor is questionable. But even if it was, we see nothing prevents Defendant from firing employees for minor safety violations. - Particularly where, as here, the employee has a record of unsafe work performance, even a minor infraction could be the last straw. - Plaintiff has produced no evidence to undermine Defendant's nonretaliatory explanation for the termination. - Aside from the fact Plaintiff was on FMLA leave when he was fired, no evidence suggests a casual connection between Plaintiff's firing and his exercise of FMLA rights. RULING - Therefore, the district court properly granted summary judgement.
Which statement regarding FIPS is true
FIPS are only recommendations not law
Brumberg v. Cipriani USA, Inc.
Facts: Cornell professor sued Cipriani USA Inc for negligence --> lower court dismissed case as summary judgement for not having enough proof of injury causation --> professor appealed Issue: does res ipsa loquitur apply here? Decision: professor did nothing wrong, injury caused by the wood not her failure to notice it; reversed due to res ipsa loquitur
A defendant set off fireworks at a fully licensed Fourth of July show. The result of the activity caused harm to the plaintiff. In order for the plaintiff to win a case of negligence, he or she need only prove that it was foreseeable that the defendant's conduct might cause harm.
False
Truong v. Nguyen
Jet skis collide, parents of deceased Truong sue other 3 in accident, court rules Truong assumed risk when deciding to ride jet ski, Nguyen gets summary judgement granted
Jim told his manager, Lana, that a coworker, Diane, had been in prison for theft. Lana checked into the matter, and when she learned that Diane had served time in prison for theft, she fired her.
Jim is not liable to Diane for defamation
Carpenter v. United States
Journalist who engaged in insider trading violated SEC Act and fiduciary duty
Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case?
Kyle will not collect any damages since he did not sustain any harm.
Gulino v. Board of Education of the City School District of New York
LAST was not job related
before a plaintiff can brng a suit under statutes TITLE VII, EPA, ADEA, ADA, GINA
MUST file carge with EEOC within 180 days of the wrongdoing
Does the wiretap act protect every conversation?
No - if one party to the convo consents, secret recording is legal federally but not in all states without consent from both parties - businesses may monitor convos with their customers if they provide a notice - wiretap laws only protect speakers with a reasonable expectation of privacy in the convo
Do torts mean that the defendant intentionally harmed the plaintiff?
No, if done something deliberately and ends up injuring somebody, she is prob liable even if she meant no harm
eminent domain
Power of a government to take private property for public use.
Fourth Amendment
Protects against unreasonable search and seizure - must have a warrant before searching
NLRA
RIGHT OF WORKERS TO FORM unions and encourages management unions to bargain collectivley and productivley - right to: - organize and join unions - bargain collectively through reps of their own choosing - engage in concerted activities
assault
an act that makes a person reasonable fear an imminent battery (based on apprehension)
A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries.
T
State Farm v. Campbell
The Court held the punitive damages award that was 145 times greater than the compensatory damages award violated due process.
false advertising
The Lanham act protects businesses from the unfair competition of false or misleading advertisements intended to hurt another business
Negligent Manufacture
The buyer claims that the design was adequate but that failure to inspect or some other careless conduct caused a dangerous product to leave the plant.
Negligent Design
The buyer claims that the product injured her because the manufacturer designed it poorly. - product does not have to be absolutely safe just reasonably safe
Tort Law: How to obligation is created
The civil law poses duties of conduct on all persons
T/F The First Amendment guarantee freedom of speech is an absolute right
false
Stored Communications Act
The section of the ECPA that prohibits the unlawful access to stored communications, such as email 1. any intended recipient of an electronic communication has the right to disclose it 2. ISPs are generally prohibited from disclosing electronic messages to anyone other than the addressee
Reasonable expectation of privacy
The test to analyze whether privacy should be protected 1. the person had an actual, subjective expectation of privacy 2. society accepts the person's expectation of privacy as reasonable
Which of the following statements regarding the Foreign Intelligence Surveillance Act (FISA) is true?
To spy on people located in the US who are communicating abroad, the government must obtain permission from a secret Foreign Intelligence Surveillance Court
Palsgraf v. Long Island Railroad
Tort: Negligence Element: Duty of Care There must be a direct foreseeable link between the negligent act and the damage. Injury caused to a party of sufficient distance in an unforeseeable manner does not attract a duty of care.
In a strict liability case, the defendant is only liable if the product is defective when it leaves his hands
True
Jorgeson Co., on its website, promised the company would not give a customer's personal information to third parties without the customer's consent, but then gave out such information anyway. This practice violates Section 5 of the FTC Act.
True
Most states recognize some form of comparative negligence.
True
The Electronic Communications Privacy Act (ECPA) of 1986 is a federal statute that regulates email.
True
Sherry, a 12-year-old, visited a website that wanted to know her family size, her parents' educational level, and her weekly allowance. The site also asked Sherry's name, mailing and email addresses, and age.
Under COPAA, the website must disclose how it will use the information collected by Sherry
Civil rights act of 1866
all people born in the us were citizens and had the same rights as white citizens - prohibits racial discrimination in both private and public employment
Under the Stored Communications Act, which of the following are considered electronic communication?
Voicemail, Email, Social Media
negligence per se
When a legislature sets a minimum standard of care for a particular activity, in order to protect a certain group of people, and a violation of the statute injures a member of that group - a plaintiff who can show negligence per se need not prove breach of duty
Third Party Doctrine
a person has no legitimate expectation of privacy in information he voluntarily shares with a third party, including friends, banks, utilities, and ISPs there is no protection for anything that is already viewable publicly
retaliation against workers who oppose discrimination is prohibited
also if they bring a claim under the statute, or take part in an investigation or hearing.
strict liability
a branch of tort law that imposes a much higher level of liability when harm results from ultra-hazardous acts or defective products - the "reasonable person" rule is irrelevant in a strict liability case
collective bargaining agreement
a contract between a union and a company - NLRA requires parties to bargain wages, hours, and otehr terms and condition sof employment - union and the employer are not obligated to reach an agreement, but required to bargain in good faith
How is a tort different between a contract dispute?
a contract dispute is based on a contract two people have already made
Fair Information Practices
a general term for a set of standards governing the collection and use of personal data and addressing issues of privacy and accuracy
Assumption of Risk
a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured -the doctrine does not apply if someone is injured in a way that is not an inherent part of the dangerous activity.
Comparative Negligence
a plaintiff may generally recover even if she is partially responsible - many comparative negligence states do not permit a plaintiff to recover anything if he was more then 50% responsible for his own injury.
universities
a special duty to use reasonable care to protect their students from violent acts on campus
World Wide Web
a subnetwork of the internet, is a decentralized collection of documents containing text, pics, and sound
under the NLRA
a validly recognized union is exclusive rep of the employees
Tort
a violation of a duty imposed by the civil law
absolute privledge
a witness testifying in a court or legislature may never be sued for defamation
equal pay act
a worker may not be paid a lesser rate than employees of the opposite sex for equal work unequal pay is legal if: - seniority - merit - quantity or quality of work - any other factor other than sex
data disposal laws require
a. businesses to destroy customer data and maintain reasonable security procedures to guard against theft.
Ultrahazordous Activity
activities where the danger to the public is especially great - a defendant engaging in an ultra hazardous activity is almost always liable for the harm that results - plaintiffs do not have to prove duty or breach or foreseeable harm
security breach notification
all 50 states require it if individual is affected
employee handbooks
an employee handbook creates a contract
exercising a legal right
an employer may not discharge a worker for exercising a legal right if that right supports public policy
wrongful discharge
an employer may not fire a worker for a reason that violates basic social rights, duties, or responsibilities
ADEA
an employer with 20 or more workers may not fire, refuse to hire, fail to promote, or otherwise reduce a persons employment opportunities because hes 40 or older standard of proof: tough, cant show it was one fatcor but deciding factor - prohibits disaparate impact discrimination against existing employees only, not job applicants - prohibits hostile work enviromnment
Tortious interference with a contract
an intentional tort in which the defendant improperly induced a third party to breach a contract with the plaintiff
battery
an intentional touching of another person in a way that is harmful or offensive
A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.
an invitee, of reasonable care
supervisor
anyone with the authority to make independent decisions on hiring, firing, disciplining, or promoting other workers
disaparate impact
applies if the employer has a rule that, on its face, is not discriminatory, but in practice excludes too many people in a protected category
refusing to violate the law
as a general rule, employees may not be discharged for refusing to break the law (employers are not allowed to fire workers for testifying truthfully in court or serving on a jury)
social media passwords
ban employers from requesting social media passwords
jespersen v. harrrah
bartender who had to wear makeup
Don was standing in a cafeteria line holding a plate. Tim was upset with Don. Tim turned Don around and grabbed the plate out of Don's hand. Tim then held the plate up and threatened to break it over Don's head. Tim has committed
both an assault and a battery
hostile work environment
cannot permit a work environment that is so hostile toward people in a protected caetgory that it affects their ability to work
tortious interference with a prospective advantage case
carvel v. noonan
Boeken v. Philip Morris Incorporated
cigarettes punitive damages
data mining and behavioral advertising
companies use data-mining tools to find out a lot of info about you which leads to insights on your actions
entering-
company may require a medical test and make it a condition of employment
If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages.
contributory negligence
Dryoff v. Ultimate Software Group
couldn't comply with privacy laws
consumer expectation
court finds the manufacturer liable for defective design if the product is less safe than a reasonable consumer would expect.
supporting societal vlaues
courts are sometimes willing to protect employees who do the right thing, even if they violate the boss' orders
periodic tenancy
created for a fixed period and then automatically continues for additional periods until a party notifies
disclosure of personally identifying info
customer consent from ISPs before sharing any info
punitive damages
damages that are intended to punish the defendant for conduct that is extreme and outrageous
Contributory Negligence
if the plaintiff is even slightly negligent, she recovers nothing.
when does fraud typically occur?
during the negotiation or performance of a contract
In a negligence case, the plaintiff must establish
duty of due care, breach, factual cause, proximate cause, and damages
duty of due care
each of us has a duty to behave as a reasonable person would under the circumstances (test is foreseeability)
criminal history
eeoc prohibits companies from using criminal history info in a way that has a adverse impact on employees in a protected category if background info is irrelevant - they may not consider arrest records and discourages use of credit ratings
to be protected
employee speech must be concerted
appliants
employer generally may not reuire a medical exam or ask about disabilities
guns
employers have the right to prohibit guns in the workplace but, in almost half the states, bring your gun to work laws prevent complanies from banning firearms in their parking lots
defamation
employers may be liable for defamation when they give false references about an employee
lie detector tests
employers may not require that an employee or job candidate submit a lie detector test except: - ongoing investigation in crimes that already occurred - applying for gov job - job in public transport, security services, banking or pharmaceutical firms
religious beliefs
employers must make reasonable accomodation for a workers religious practices unless the request would cause undue hardship for the business
under the cda
end users and anyone who simply provides a neutral forum for info (isps / websites) are not liable for content provided by someone else. only content providers are liable
The FTC regulates truth in advertising and endorsements. Its rules apply
equally to you tubers, bloggers, online reviewers, and other social media
under NLRB
even non-unionized workers cannot be fired for complaining about their jobs, as long as they are shared with other employees and not hostile or violent
Social Security
federal program of disability and retirement benefits that covers most working people. benefits to workers who are retired, disabled, or temporarily unemployed and the spouses and children of disabled or deceased workers.
Foreign Intelligence Surveillance Act (FISA)
federal statute governing the gov's collection of foreign intelligence in the US 1. To obtain permission to spy, the gov need only ti demonstrate that the - targets located outside US -seeks foreign intelligence info (gov agencies must delete irrelevant and personally identifying data before providing it to other agencies, the gov must notify defendants if the evidence used against them was gathered by FISA)
the first amendment does not protect
fighting words and true threats of violence, even online - it does protect violent language, unless it can be proven that the speaker intended it as a direct threat
proximate cause
for the defendant to be liable, the type of harm must have been reasonably foreseeable
sexual stereotype
forbids
under COBRA
former employees must be allowed to continue their health coverage for 18 months after leaving their job
picketing
generally lawful but cant use physical force to prevent someon from crossing the line - secondary boycotts are illegal- pickett line at a different workplace
store detainment
generally, may detain a customer or worker for alleged shoplifting provided there is a reasonable basis for the suspicion and the detention is done reasonably
profit
gives one person the right to enter land belonging to another person or take soemhting away
Reid v. Google
google age discrimination case
The Family and Medical Leave Act (FMLA)
guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption, or a serious health condition of their own or in their immediate family (only applies to companies with at least 50 workers and to employees who have been with the company full time for at least a year)
Intentional Torts
harm caused by a deliberate action
factual cause
if the defendant's breach led to the ultimate harm , it is the factual cause
emloyers may adopt different appearnacne standards for men and women, but these standards may not
impose a greater burden on one sex than the other
smoking
in 60 oercent of states, employers cannot prohibit workers from smoking
Don was driving his truck when a board fell out of the truck bed and onto the road. Alice, who was driving closely behind Don's truck, tried to avoid the board, swerved, and struck a telephone pole, causing her severe injuries. Which of the following is correct?
in a comparative negligence state, the actions of don and alice will we weighted to determine liability
key distinction between negligence and strict liability:
in a negligence case, the injured buyer must demonstrate that the seller's conduct was unreasonable: Not so in strict liability the injured person need not prove that the defendant's conduct was unreasonable just defective and the defect caused harm
The primary english law of employment simply established that
in the absence of a contract, an employee was hired for a year at a time
off duty activities
in the absence of a specific law to the contrary, employers do have the right to fire for off-duty conduct
a worker who quirs voluntarily or is fired for a just cause is
ineligible for unemployment benefits
Intentional Infliction of Emotional Distress (IIED)
intentional tort which the harm results from extreme and outrageous conduct that causes serious emotional harm
Tresspass
intentionally (deliberately even if unknowingly) entering land that belongs to someone else or remaining on the land after being asked to leave - also includes leaving objects
fraud
inuring another person by deliberate deception
highest liability
invitee- someone who has the right to be on the property because it is a public place or a business open to the public
title vii civil rights act of 1964
it is illegal for emloyers with 15 or more employees to discrimnate on the basis of color, race, religion, sex or national origin
Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries?
it may depend on Kelley's age
intentional infliction of emotional distress
liable for extreme and outrageous workplace bullying
higher liability
licensee- anyone on the land for her own purposed but with the owner's permission (only liable for hidden dangers, not obvious one's)
communications decency act of 1996
made it illegal to make indecent sexual material on internet accessible to anyone 18 or under. It was unconstitutional because of the 1st amendment. - created immunity for ISPs and websites
reverse discrimination
making an employment decision that harms a non-hispanic white person or man because of his gender, color, or race
tortious interference with a prospective advantage
malicious interference with a developing economic relationship difference: no need for a contract' - plaintiff who has a definite and reasonable expectation of obtaining an economic advantage may sue a corporation that maliciously interferes and prevents the relationship from developing
lockout
management is prohibiting workers from entering the premises and earning their paychecks, most are illegal
existing
med exams or suspected disability
defenses
merit- he shows that the person he favored was most qualified seniority- legal even if it perpetuates past discrimination bona fide occupational qualification- permitted to establish discriminatory job requirements if they are essential to the position in question 1. safety 2. privacy 3. authenticity
false advertising case
molson coors bev co. usa llc v. anheuser-busch co. llc
Tort Law: Possible Result
money damages for plaintiff
compensatory damages
money intended to restore a plaintiff to the position he was in before the injury
professionals
must act as a reasonable person would in his or her profession
Daniell v. Ford
negligence case- daniell lost because it isn't what a trunk is used for
strikes
nlra guarantees right to strike with limitations - cooling off period: before striking to terminate or modify a cba a union must give management 60 days notice - statutory prohibition- many states have outlawed striked by public employees - sit down strikes- illegal to stop working but remain at job posts - parial strikes- may either walk off job or stay on it
In tort law, does the plaintiff have power to send the defendant to jail?
no
is unattractiveness protected under category under title 7, weight limits, or hair
no
do employers have a legal obligation to disclose info about former employees
no but they do with violence
tenancy at iwll
no fixed duration and may be terminated by either party at any time
the law of privacy
no single source of privacy law, this area is governed by a patchwork of constitutional law, common law, and federal and state statutes
plaintiff is not required to prove discrimination
only presumption that discrimination has occurred
life estate
ownership of property for the lifetime of a particular person
workers comp
payments for injuries incurred at work
EEOC, teh federal agency charged with enforcing federal employment laws
permits employers to fire or refuse to hire workers for using prescribed drugs only if that use creates a safety issue
biometrics
physical r behavioral characteristics, such as fingerprints, facial patterns, DNA, or even the way we walk. can be used to digitally identify a person, and unauthorized collection risks our security and our very identities
statute of repose
places an absolute limit on when a lawsuit may be filed, regardless of when the defect is discovered
disparate treatment
plaintiff must show she was treated less favorably than others because of her sex, race color religion or national origin
breach of duty
plaintiff must show that defendant did not meet the duty of care
Causation
plaintiff shows that defendant owes them a duty of care and defendant breaches it, needs to prove that it caused them harm
New Jersey Department of Environmental Protection v. Alden Leeds, Inc.
pool company liable for fire because dangerous chemicals
reader privacy
prohibit libraries from disclosing reading habits
rehabilitation act of 1973
prohibits discrimination on basis of disability by the exec branch of the federal gov, federal contractors, and entities that receive federal funds
americans with diasability act
prohibits employers with 15 or more workers from discriminating on basis of disability
Children's Online Privacy Protection Act
prohibits internet operators from collecting info from children under age of 13 without parental permission
Promises made during the hiring process
promises made to job applicants are generally enforceable, even if not approved by the company's top executives
the first amendment
protects free speech even when its ugly
Health Insurance Portability and Accountability Act (HIPAA)
protects privacy of medical records
Family Educational Rights and Privacy Act (FERPA)
protects privacy of student education records, including grades after 18.
ERISA
protects workers covered by private pension plans
Basis of Tort Law
provides a private remedy for acts that interfere with physical security, freedom of movement, and damage to property
basis of tort law
provides a private remedy for acts that interfere with physical security, freedom of movement, and damage to property - the act itself, not the harm imposed
Resnick v. AvMed, Inc.
proximate cause case about identity theft
Turley v. ISG Lackawanna, Inc.
racist coworkers caused IIED because behavior was extreme and outrageous
gov employees
random drug testing for public safety workers but not others unless signs of impairment
property
real personal intellectual
concerted action
refers to any tactics that union members take in unison to gain some bargaining advantage - nlra gices employees right to engage in concerted action
employment relationship
regulated by statutes and common law
Fair Labor Standards act
regulates wages and limits child labor - hourly workers- $7.25 per hour plus time and a half for any hours over 40 in one week - prohibits oppressive child labor- children under 14 may only work in ag, entertainment, a family business, babysitting or newspaper delivery - 14 and 15 year olds can work limited hours in nonhazordous jobs - 16 and 17 can work unliited hours in nonhazordous jobs
biometric privacy
regulation of collection and storage of biometric data
tenancy at sufferance
remains on property after wexpiration
single recovery principle
requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses
easement by implication
results from surrounding circumstances that indicate that the parties must have intended the easement
the people v. austin
revenge porn
reversion
right of an owner to property upon the death of a tenant
easement
right to cross or use someones land fora particular purpose
perscriptive easment
right to use or access land created by open and continuous access for a certain period of time without prior permission
Dalton School, Inc. and David Brune
school teacher
mortgage
security interest in real property
General Data Protection Regulation
sets out a framework for processing personal data fairly and transparently 1. definitions 2. applicability 3. limitations on data use 4. individual rights 5. privacy policies 6. data breaches 7. accountability 8. penalties
hostile work environment
sexual talk and activity are so pervasive inable to work
Roe v. TeleTech Customer Care Mgmt. (Colo.) LLC
smoke marijuana because legal in state and was drug tested for the job
whistleblowers
someone who discloses wrongdoing on part of their employer
disability
someone with a physical or mental impairment that substantially limits a major life activity or the operation of a major bodily function or someone who is regarded as having such an impairment - reasonable accomodation
element
something the plaintiff must prove to win a lawsuit
An intentional tort involves conduct in which
the defendant intended a certain physical act that ends up injuring someone
license
the holder tempoary permission to enter another property
tenancy by entirety
the husband and wife own entire property and both have right to survivorship
False Imprisonment
the intentional restraint of another person without reasonable cause and without consent
the US
the only industrialized nation that does not require that employers to offer paid sick leave - it requires maternity leave, but permits it to be unpaid
damages
the plaintiff must persuade the court that he has suffered harm that is genuine, not speculative
in the absence of a legal exception
the rule in the US is still that an employee at will can be fired at any time for any reason
wiretap act
the section of the EPCA that prohibits the interception of face-to-face oral communication and phone calls
Res Ipsa Loquitur
the thing speaks for itself, facts imply that the defendants negligence caused the accident. infer that the defendant caused harm
Why do people prosecute for the tort of conversion instead of just letting it be prosecuted as theft?
the tort of conversion enables a plaintiff to pursue the case herself, without awaiting a criminal prosecution, and to obtain compensation
a few states have passed lifestyle laws
they protect the right of employees to engage in any lawful activity or use any lawful product when off duty
NLRA also established the Natiional Labor Relations Board
to administer and interpret the statute and to adjudicate labor cases
Bona Fide Occupational Qualification (BFOQ)
to set a max age: 1. age limit is necessary 2. everyone that age is unqualified 3. age is only way can determine qualification
lowest liability
trespassing adults
Mid-level liability
trespassing children
joint tenancy
two or more people holding equal interest in a property, with the right of survivorship - joint tenants may noy convey their interest by will, they may do so int heir lifetime but it severs it and creates tenants in common with no survivorshsip
concurrent estates
two or more people owning a property at the same time
revenge porn
unauthorized posting of sexually explicit photos of someone else to embarrass or shame
private employers
under federal law, they are permitted to randomly drug test job applicants and orker for alcohol and illegal drugs
Regents of the University of California v. Superior Court of LA County
undergrad stabbed by classmate who threatened harm
nuisance
underprivledged interference with a persons use and enjoyment of her property
FTC Acts prohibits
unfair and deceptive acts or practices - doesn't require websites to have privacy policy but if do it cannot be deceptive - anyone that endorses a product must disclose compensation
employee at will
unless workers had an explicit employment contract - could be fired for a good reason, a bad one or no reason at all
spam
unsolicited, unwanted commercial email messages
sexual harrassment
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which are so severe and pervasve taht they interfere with an employees ability to work
discrimination based on parental status and transgender status
violation involves treating men and women differently
Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto
will not be liable to establish a justification
Huff v. Spaw
wiretap case where CEO heard phone conversation about company
