Shared Flashcard Set

Details

Bus Fin 510 Cases
OSU Bus Fin 510 Blackburn
17
Law
Undergraduate 3
03/15/2009

Additional Law Flashcards

 


 

Cards

Term
Disparate Impact (case)
Definition

Smith v. City of Jackson

 

Officer pay to equalize, not a violoation of

Title VII/ ADEA because there was a

"reasonable factor other than age "

Term
Bona Fide Occupational Qualification (Case)
Definition

United Auto Workers v. Johnson Controls

 

woman allowed to work with lead, it is their perogative.  to not allow it is discriminatory

Term
Hostile Environment Harassment (Case)
Definition

Harris v. Forklift

Harris was harassed, needed to meet factors...

 

 

def - Unwelcome sexual conduct creating a hostile or offensive environment

Term
Age Discrimination (case)
Definition

ADEA

 

General Dynamics v. Cline

 

retirement benefits for older workers only.

 

ADEA not to protect younger workers

Term
ADA (case)
Definition

Americans with Disabilites Act

 

 Toyota v. Williams

 

got carpel tunnel, got fired eventually

needed to meet criteria...

Term
Offer (Case)
Definition

Lefkowitz v. Surplus store

 

Replied to an ad, gave over the money, refused the deal.  Court overturned since there was no mention of needing to be a male in the ad

Term
Statute of Frauds (case)
Definition

Davies v. Martel

 

davies offered a position, fired later, sued, they said she had not consideration.

 

consideration assumed because there was no other reason for her to be in the MBA program, and that was a detriment

Term
Promissory Estoppel (case)
Definition

Campbell v. Virginia Metal

 

campbell took the contract based on virginia's offer.  campbell made a bid based on that offer and won.

virginia withdrew the offer.

 

Virgina forced to pay under promissory estoppel

Term
Unconscionability (case)
Definition

Art's Flower Shop v. C&P Telephone

 

Art's bought space, C&P didn't put it in but limited liability.  court overturned limited liability due to them being a monopoly and Art's having had no one else to turn to

Term
Covenant not to Compete (case)
Definition

Wiley v. Royal Cup

 

Wiley not allowed to compete where he was or even near him.  Court said he can't where he used to be to protect company secrets there, but he IS allowed outside that area, because the only reason he wouldn't be would be to limit his ability to compete with the company

Term
Punitive Damages (case)
Definition

State Farm v. Campbell

 

State Farm refused to settle, wouldn't pay amount over coverage when lost in court.

Term
Intentional Infliction of Emotional Distress (case)
Definition

Agis v. Howard Johnson Company

 

Agis fired b/c her name started with A, referred back to see if she could prove the quide posts

Term
Intrusion into Seclusion (case)
Definition

Rushing v. Hershey

 

Rushing inconclusive urinalysis test, refused another, fired.

dismissed because missed the attachaments and there was not reason for it to be private in the work environment
Term
Interference with Contract (case)
Definition

Lumley v. Guy

 

Opera

Term
Negligence
Definition

Bigbee v. Pacific Telephone

Bigbee was hit by a car while in a telephone booth by the highway.  was the company at fault?

 

 1.  the existance of a duty to protect plaintiff from the injuries

2.  the ability to foresee this (was it proximate?)

 

- back to trial to be determined

Term
Res Ipsa Loquitur (case)
Definition

Trujeque v. Service Merchandise

 

chair broke under her, needed to show the store was responsible for the chair.

Court said that it was not enough to say just since she was sitting there that the store was not in control of the chair.  Control is not necessarily the only one who uses it, but the one who owned, operated and mainted it

 

sent back for trial

Term
Strict Liability (case)
Definition

Klein v. Pyrodyne

 

Klein was injured by a rogue firework.  Pyrodyne argued it wasn't strict liability.  the court held that it was since fireworks are "not of common usage" and present an "ineliminably high risk or bodily harm"

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