Term
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Definition
| An injury to another person |
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Term
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Definition
| Intentional, Negligence, strict liability |
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Term
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Definition
Intent is required.
No evil or harmful motive required
Only need to intend the act that results in harm |
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Term
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Definition
| Person committing the tort |
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Term
| Defense s to assault and battery |
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Definition
Consent
Self defense
Defense of others |
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Term
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Definition
Barriers can be physical or oral
Person being restrained must not agree to restraint
Shoplifters |
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Definition
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Term
| In slander defamation playoff must |
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Definition
| Prove that he suffered special damages |
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Term
| In libel defamation proof of |
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Definition
| Special damages is not necessary. |
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Term
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Definition
Statement that person has loathsome disease
Statement person has committed improprieties in their profession
Committed or been imprisoned for a serious crime
Statement that unmarried woman is unchaste |
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Term
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Definition
Truth
Privileged speech
Public figures |
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Term
| Invasion to the Right to Privacy |
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Definition
| Use of a persons name, picture, or other likeness for commercial purposes without permission. |
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Term
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Definition
| The use of one persons name or likeness by another, without permission and for the benefit of the user. |
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Term
| Attractive Nuisance Doctrine |
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Definition
| Young children do not assume the risk if they attracted to the premises by some object. |
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Term
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Definition
| Any act that derives an owner withnthe owners permission and without just cause that placesnthe property in the rpservice of the trespassers or other person |
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Term
| Slander of quality (trade libel) |
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Definition
Publication of false information about another's product, alleging it is not what it's seller claims.
Actual damages must be proven to have proximately resulted from the statement about a competitors products. |
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Term
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Definition
Actor must owe duty
Defendant must breach that duty
Must cause injury
Plaintiff mist suffer damages |
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Term
| Reasonable person standard |
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Definition
| How a reasonable person would act under certain circumstances |
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Term
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Definition
| Must exercise reasonable care to protect business invites from harm. |
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Term
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Definition
| Is someone the landowner benefits financially from. |
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Term
| It is not necessary to go to the aid of a strangers |
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Definition
| True, except if you put them in danger |
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Term
| Injury requirement and damages |
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Definition
| Must have legally recognizable injury (suffer loss, harm, wrong or invasion of a protected interest) |
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Term
| What is the test for factual causation |
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Definition
| "but for" or "if not for" |
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Term
| Palsgraf v. Long Island Railroad Company |
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Definition
| Palsgraf get hitsnby scale from a man running after train. She sues railroad company and loses in High Court of NY. There was no unforeseeable risk |
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Term
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Definition
Voluntarily enter risky situation,
Only assume normal risk carried by the activity.
Risks are not deemed in emergencies.
Some statues protect classes of people. |
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Term
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Definition
| If the plaintiff is also negligent, the plaintiff has breach a duty and does not recover anything. |
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Term
| "last clear chance" doctrine |
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Definition
| Plantiff can still recover full damages even if planiff is negligent if the defendant had opportunity to void causing damages but does so anyways. |
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Term
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Definition
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Term
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Definition
| Facts speak for themselves |
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Term
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Definition
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Term
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Definition
| It violates a statue providing for a criminal penalty and causes another to be injured |
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Term
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Definition
| If bar owner or bartender serves drinks to an intoxicated person. Or social host |
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Term
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Definition
| Person who are aided voluntarily by others cannot sue the person who aided them for negligence. |
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Term
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Definition
| A trespass to personal property. |
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Term
| 2 parts to trespass to personal property |
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Definition
Waste of user time and network bandwidth.
Empress burden on ISP equipment. |
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Term
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Definition
| Liability without reward to fault |
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Term
| Parts of Abnormally Dangerous Activity |
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Definition
Involves potential harm or serious injury.
Involves a high degree of risk that cannot be completely guarded against by reasonable care.
Not commonly performed in the area. |
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Term
| What does Quid Pro Quo mean? |
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Definition
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Term
| 2 Types of Sexual harassment |
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Definition
| Quid Pro Quo and Hostile Work Environment |
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Term
| Product liability based on negligence |
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Definition
| If a manufacturer fails to exercise "due care" to make product safe. |
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Term
| 2 parts of Product Liability Based on Negligence |
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Definition
| No "privity" required. Plaintiff does not have to prove the specific defect that caused the injury. |
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Term
| Fraudulent Misrepresentation |
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Definition
| Misrepresentation of a material fact concerning quality, nature or approximate use of the product is made knowingly or with reckless disregard for the truth |
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Term
| Requirements for Strict Product Liability |
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Definition
1. Must be defective when sold.
2. Defendant must normal sell product.
3. Product must be unreasonably dangerous to the user b/c of defect
4. Plaintiff MUST incur physical harm to self or property.
5. The defect must cause the injury
6. Goods must not have been substantially changed. |
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Term
| Unreasonably Dangerous Product |
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Definition
| The product was dangerous beyond the expectation of the ordinary consumer or a less dangerous alternative was available. |
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Term
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Definition
| a product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product. |
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Term
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Definition
| the foreseeable risk of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design. |
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Term
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Definition
| the foreseeable risk of harm posed by the product could have been reduced or avoided by reasonable instructions or warnings. |
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Term
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Definition
| No duty to warn about risks that are obvious or commonly known |
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Term
| Do sellers have to warn consumers about foreseeable misuses |
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Definition
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Term
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Definition
| if plaintiff cannot prove which manufacturer produced the particular product that caused harm, then all manufacturers are liable in proportion to its share of the market. |
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Term
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Definition
| defendant shows plaintiff has knowledge of risk and took them on |
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Term
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Definition
| Product used in a way not intended by the manufacturer. If the use is reasonably foreseeable, than manufacturer must guard against it/ |
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Term
| Warning is necessary for commonly known dangers. |
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Definition
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Term
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Definition
| the work of the human mind which consists of the products that result from intellectual and creative process |
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Term
| Types of Intellectual Property |
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Definition
| copyrights, trademarks, patents, trade secrets |
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Term
| Real property, stocks and bonds are subject to intellectual property |
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Definition
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Term
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Definition
| Life of the author plus 70years |
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Term
| How long are copyrights for publishing houses? |
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Definition
| 95 years from publication date or 120 years from date of creation |
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Term
| How long are copyrights for works by more than 1 author. |
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Definition
| Last surviving author + 70 years |
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Term
| Copyrights are required to be registered by the U.S. Copyright Office in Washington, DC |
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Definition
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Term
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Definition
1. Literary, musical, or dramatic work
2. Pantomime or choreographic
3. pictorial, graphic, or sculptural work.
4. film, audiovisual, or sound recording
5. architectural work |
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Term
| It is not possible to copyright an idea |
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Definition
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Term
| Copyright infringement damages cannot exceed... |
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Definition
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Term
| What are the "Fair Use" exceptions |
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Definition
| Criticism, commentary, news reporting, teaching, scholarship, research. |
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Term
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Definition
| A distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. A SOURCE INDICATOR. |
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Term
| Fanciful Trademarks include |
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Definition
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Term
| Arbitrary Trademarks include |
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Definition
| those that use common words in an uncommon way that is nondestructive. EX: English Leather |
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Term
| Suggestive Trademarks are |
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Definition
| imply something about a product w/o describing the product.. EX: Dairy Queen |
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Term
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Definition
| a grant from the government that gives the inventor the right to exclude others from making, using, and selling an invention for a period of 20 years from the fate of filing the application for a patent |
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Term
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Definition
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Term
| what is Deceptive Advertising |
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Definition
| when a reasonable consumer would be misled by the act |
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Term
| Bait-and-Switch advertising |
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Definition
| advertising something at a very low price for a particular item that will likely be unavailable to the consumer, who will then be encouraged to purchase a more expensive item. |
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Term
| FTC Actions against Deceptive Advertising |
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Definition
1. Complaint Order
2. The Cease and Desist Order which involves counter advertising |
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Term
| Telephone Consumer Protection Act of 1991 prohibits |
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Definition
| telephone solicitation using automatic dialing or prerecorded voice |
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Term
| The TCPA is enforced by the |
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Definition
| FCC. Federal Communication Comission |
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Term
| Fair packaging and labeling act requires product label identify: |
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Definition
| Product, net quantity, # of servings, manufacturer, distributor. |
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Term
| Consumer product Safety Act (CPSA) of 1972 applies to |
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Definition
| Consumer personal or household use products |
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Term
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Definition
| intended for industrial purposes and consumer products already covered by other regulatory agencies. |
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Term
| The Texas Deceptive Trade Practices Act is |
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Definition
| a laundry list of deceptive practices |
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