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Exam 1 Notes

by: Zohar Peleg

Exam 1 Notes BSL304

Zohar Peleg
GPA 3.5
Corporate Law
Dr. Turner

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About this Document

Carefully detailed notes (color coded for clarification) for chapters covered for Exam 1.
Corporate Law
Dr. Turner
75 ?




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This 19 page Bundle was uploaded by Zohar Peleg on Sunday February 1, 2015. The Bundle belongs to BSL304 at The American University of Rome taught by Dr. Turner in Fall2014. Since its upload, it has received 225 views. For similar materials see Corporate Law in Business Law at The American University of Rome.

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Date Created: 02/01/15
Quiz 6 Ch6 The Legal System amp Part of Torts 03052015 purpose of laws 0 to provide a framework on what we can and cannot do 0 ex sham lawsuit and counterclaim to it landmark case 0 a case that changes society 0 ex Roe v Wade pro choice Brown v Board of Education school integration Miranda v Arizona Miranda rights for suspects OJ Simpson sources of law 0 precedents 0 local laws To Sue or not to Sue Advantages a win money build business relations 0 Disadvantages expensive cant recover attorney s fees unless stated in K stressful time consuming no guarantee win Legal remedies 0 Monetary remedies 0 Actual damages Compensatory damages Consequential damages I Like loss of wages o Punitive damages Conduct like is malicious amp extreme o Liquidated damages Damages agreed in advance Valid enforceable so long as they are reasonable in amount in relation to actual damages Ex credit of X 0 Nonmonetary remedies o Antistalking laws Remedy injunction 0 Speci c performance Requires D to perform his obligation Contract tort on bad faith 0 You must suggest to insurance company to have claim settled within policy limits Standard of care Breach of duty P suffers damage Where to sue Jurisdiction over subject matter 0 State vs federal 0 State 0 Federal Requirements a Amount being sued for has to exceed 75000 a Diversity of citizenship Such as different states a Venue rules 0 Proper venue is where the defendant lives OR where the dispute occurs 0 Removal rule 0 Defendant can demand removal to a different court or different state 0 Voluntary dismissal 0 When plaintiff will sue in the wrong venue on purpose 0 Ex Jack sues Jill in Miami state court for 80000 Within rst 20 days she les a motion to remove case from state to federal court and demands change of venue from Miami to NY Jack re les case to Orlando for 75000 amount has to EXCEED Jurisdiction over the person 0 Whether papers were properly served o If they were not defendant can le a motion to dismiss E Jury trial 0 Jury evaluate facts and witnesses Steps 0 File complaint Plaintiff chooses to sue state or federal court Decide venue 0 Service of process Summons is issued Papers are served to defendant 0 Defendant les answer pleadings 0 Discovery When parties nd out everything about the case Deposition occurs here Parties have duty to discuss settlement Judges will decide 0 Jury members 0 Elect one person to be representative 0 Discuss case and make a decision 0 Whose liable and how much 0 Accused person has 10 days to pay 0 Right to appeal 0 Civil case each party has right to appeal 0 File an appeal within 30 days after decision is rendered 0 Appeal bond Win appeal cost is bond premium Lose appeal pay what you owe Lawyers free initial consultation equity participation conUngencyfees the barter system 0 goods for services deal ring lawyers Cases Chipollo Case 0 Tabaco company a Win court bc have right to sue Tabaco company John Lennon 0 0 0 0 0 Police found drugs in Lennon s apt Pleads guilty to possession of pot Lennon applied to immigrant visa amp then Green card Was not deported amp given permanent residence status Ex of how laws change throughout time Angel v Ligget Group 0 0 0 Class action suit to sue tobacco company Compensatory damages in 100 mill Punitive damages 100 bill State farm v Campbell 0 O Punitive damages should not exceed 9 times actual damages Lankmark case FenderBender O O O O 2 different insurances for harry and sally Sally injured Harry There was no good faith effort to settle Judgment was entered for 500 against policy holder who then sued his own insurance company in breach of duty to settle within his policy limits Disney World 0 O O O 0 Jack drives to Orlando and so does Jill Jill rear ends jack on l95 N Jack sues Jill for accident injuries Jack sues Jill in Miami Federal Court for 80000 so diversity amp amount Proper venue defendant resides in NY or where the cause occurred in Orlando but he sues in Miami Improper venue BSL304 Exam 1 Ch7 Intentional Torts Torts o Damages o Compensatory damages physical injury emotional distress o punitive damages punish and deter 0 Phillip Morris Case 0 No punitive damages for negligence o Constitutional issuelj due process 0 Level of reprehensibility how had was the defendant s behaviorconduct To what extent 0 Supreme court relied on nonparty issue 0 McDonald s Case 0 Hot coffee spilled on lady while she was driving 0 Lady was 20 negligent put it between her legs 0 Lady awarded punitive damages 0 Common Law o A tort may also be a crime at the same time Assault and battery 0 Frank Haul Case 0 Guy gets red and can t get another job 0 Awarded 1 mil in punitive damages to the guy Types of Torts o Intentional torts o Intending to cause consequences 0 Created by common law Assault battery false imprisonment o Harm to Person Assault n Creating imminent fear of physical harm Battery n Unwanted touching without consent I Like rape False imprisonment n Con ning someone against their will within xed boundaries I Like kidnapping o Harm to Dignity Reputation and dignity Defamation n Libel n Slander spoken n 3 elements 0 communication publication untruth o harm o Harm to Economic Interests 0 Interference with K contract Relations Must ShOW 3 things a Enforceable contract a Defendant 3ml party was aware of contract a Defendant intentionally induced breach of contract took steps to break K is liable TeXC0 Oil Case a Getty Oil Getty owned part of the company and Getty Museum owned the other part Penz Oil wanted to purchase stock a Aware of K yes circumstantial evidence based on their action they were aware had meetings and such a Intent yes Zh Negligence amp Strict Liability o Negligent torts aka negligence o Negligent will be liable 0 Ex car accidents medical malpractice product liability o Proven by 4 elements must have all 4 Duty ofcare n Arise out of relationships ex parent child caregiver docpatient trespassers duciary relationship D Ryan vs Friesenhahn 0 Teen drinking at house girl got too drunk at house and died Parents sued for negligence Adults should be liable for teen underage drinking they had a duty 0 Court dismissed caselj no duty of care based on previous rulings Parents appealedlj yes there s duty of care Breach of duty n Failure to act reasonably objective Causation must have BOTH actual amp proximate n Actual cause quotbut forquot n Proximate cause Foreseeability a Palsgraff v5 LIRR 0 Box of reworks exploded woman was injured and sued LIRR No proximate cause proven lnjury Strict liability 0 Liability without fault didn t intend to harm anyone but you re still accountable for your acUons o Abnormally dangerous activities Ex keeping wild animals dealing with reworks Fireworks Case n Fireworks on 4th ofJuly 3 people injured a 6 factors 0 Products Liability high degree risk of harm yes likelihood of great harm yes inability to eliminate risk despite care yes not in common usage do a lot of people use reworks yes done in appropriate place yes at a park value to community yes 4th of July 0 Negligence or recklessness in designingmanufacturingpackagingwarning about potential dangers linked to product 0 Strict liability Merchant sold a product AND Product had a defect AND Defect made product dangerous AND Causation defect caused the injuries 0 General Concepts 0 Principal engages agent to act on their behalf 0 Agent agrees to act on principle s behalf 0 3 elements mutual consent control by principal agent agreeing to act on principal s behalf 0 Employee vs Independent Contractor 0 Most important P degree of control over agent 0 Online case Fishing guy takes guys out on trip P is suing the guy and Western Guy is employee of Western Files motion for summary judgment 0 Factors How agent is paid Taxes withheld Provide own equipmentsuppliestools Control over methodsperformancemeans Hire amp re Exclusivity does indpt contractor only work for one entity or others Amtlength of time working for P Distinct occupation Discretion Degree of skill Creation of agent 0 No writing is required Unless a Equal dignity rule statue of fraud D Other statutes power of attorney 0 No consideration required Gratuitous agencies 0 Types of agencies Express Apparent agency agency by estoppel n Created by P s actionswords 12 Elements 0 P causes 3ml party to believe A has authority to act on their part AND P aware of 3ml party s belief AND 3ml party in good faith relies on existence of agency AND 3ml party changes their position in detrimental reliance D Miller v5 McDonalds o FranchisorFranchisee General vs special El El General Special like a real estate agent Power of attorney formal El El Writtennotarizedwitnessed Durable power of attorney 0 Duties of Agent amp Principal o Agent s duties Fiduciary duty El El Absolute loyalty Must act in best interest of P like a lawyer acting on best interest of client Can t misappropriate P s property Cannot usurp P s opportunity can t take P s position of power illegally ex a partnership No undisclosed selfdealing o P acting thru an agent agent negotiating thru 3ml party Agent has interest in 3ml party BUT can be done if 0 full disclosure of material facts AND 0 agent acts in good faith 0 AND deal is fair I Can t disclosemisuse con dential info like marketing strategies trade secrets I Can t compete o Duty terminates when agent terminated duty of obedience n enters unauthorized K n OR incurs tort liability which is owed to the P Duty to account a Agent has to record any physical property of P like any materials used Duty of diligence competence a Best effort and reasonableness Duty to inform Sims Case 0 Principal s duties Duty of compensation I Gotta comply with K a No Kl customary fee or reasonable value Duty of reimbursement amp indemni cation Duty of cooperation Duties arising out of employee relationships Tort duties 0 Termination of Agency 0 Mutual agreement 0 Epoann Lapse of time stated or reasonable time Purpose is achieved Revocation by P Agent renunciation Operation of law terminated by Death of agent Death or incapacity of P Change in circumstances a Loss of destruction ex house destroyed by storm a Change in the law a Loss of quali cation 0 Agency coupled with an interest agent has security interest Ex borrower amp bank Bank lends to borrower B agrees to pay B back and gives security interest 0 Contract Liability 0 P s liability OOO P is liable for K entered into by agent w authority Actual authority a Express n lmplicit Apparent authority a Doesn t terminate any 3ml party a Don t have authority 0 RaU cann Explicit A enters into K don t have authority to do it but P lets 3ml party know that they will honor the K lmplicit o AgenFsHathy A signed in own name Acts outside scope of authority Types of agency a Fully disclosed agency 0 O is liable o A is not a Unidenti ed agency 0 Partially disclosed o P is liable o A is liable n Undisclosed agency 0 P is bound 0 A is bound n Nonexistent agency 0 Ais boundliable o P is not unless express rati cation Tort Liability 0 Direct liability A and P are always liable for their own torts P s liability n P directsauthorizes the tort n Negligent hiring o Vicarious liability Liability without fault Neg ent torts n P is liable for negligent tort of employee committed within scope of employment I Respondeat superior 0 Act speci cally request by P o Kind of act of A employed to perform 0 Act occur substantially within time amp location of employment 0 Was A advancing P s interests 0 Did employment furnish instrumentality 0 Coming amp going rule 0 Employee commuting means that P is not liable for things happening on commute o Frolic amp detour rule 0 Employee is during something during the employment but doing it for their own interest Intentional tort El P is generally not vicariously liable for the intentional tort of employee like assault battery unless use of force is part of employee s job Independent contractors El General rule P is not liable for torts of independent contractor Can be directly liable if P was negligent in selecting the contractor but not vicariously liable Exceptions abnormally dangerous activities


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