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BUS 207 Midterm 2 Cheat Sheet

by: Brittany Bourdage

BUS 207 Midterm 2 Cheat Sheet bus 207

Brittany Bourdage
Cal Poly

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About this Document

This is a "cheat sheet" that covers the majority of the material on Midterm #2.
Legal Responsibilities of Business
Chris Carr
Study Guide
business, businesslaw
50 ?




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This 1 page Study Guide was uploaded by Brittany Bourdage on Tuesday May 3, 2016. The Study Guide belongs to bus 207 at California Polytechnic State University San Luis Obispo taught by Chris Carr in Winter 2016. Since its upload, it has received 10 views.

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Date Created: 05/03/16
Battery: An intentional act by the defendant that results in a harmful OR offensive touching (i.e., contact) of another without his/her consent. Defenses: consent, self defense, defense of others or property. Assault: An attempt by the defendant to cause harmful or offensive contact with another, OR, any offer/threat to cause such contact … but under either circumstance the attempt or offer must cause, well-grounded (i.e., reasonable) fear or apprehension of imminent harmful or offensive contact. Defenses: same as battery. Defamation: Designed to protect a person’s reputation (publication, of a statement of a factual nature, that statement is false, and also defamatory. Defenses: Truth of the statement, absolute or conditional privileges. Invasion of Privacy: Different types: intrusion of solitude, publicity concerning private facts, false light, appropriation of name or likeness. Negligence: duty must be owed by the defendant to the plaintiff. Determining what duty, is owed: Level of danger posed to the plaintiff, foreseeability of that injury occurring, burden on the defendant in complying with that duty, breach of that duty by the defendant, causation, damages. Strict Products (Not Services) Liability: “seller” must be engaged in the business of selling the product that harmed the plaintiff (vs. an occasional seller), product must be “defective” (design defect, manufacturing defect, failure to properly warn). Defenses: Assumption of False Imprisonment: the intentional confinement of another for an appreciable length of time without his consent. Defenses: consent, plaintiff’s lack of knowledge or awareness of the confinement. Intentional Infliction of Emotional Distress: defendant’s conduct must be “so outrageous in character/so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community”, distress = severe. Trespass: an offense against the right to possession of property (intentional/unlawful entry onto property in the possession of another, unlawfully remaining on another’s property after lawful entry, unlawfully causing something to enter onto property possessed by another, failure to remove something from property which you hate a duty to remove (no actual harm or damage is required). Agency relationship: Agreement- created by the agreement of two parties (written, oral, and/or implied by their conduct) that agent will act for the benefit of the other (the principal). Ratification- the principal, either by act (conduct) or agreement, ratifies the conduct of an agent who acted outside the scope of his/her authority or the conduct of a person who is in fact not an agent. Estoppel- principal does something that causes a third person to believe that a person is his/her agent, & the third person deals with the supposed agent on that basis, the principal is “estopped” from denying the existence


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