Exam II Review
Exam II Review BLAW 2361
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This 4 page Study Guide was uploaded by Nancy Ly on Tuesday September 22, 2015. The Study Guide belongs to BLAW 2361 at Texas State University taught by Dr. Hale in Spring 2015. Since its upload, it has received 38 views. For similar materials see Business Law/ Legal Environment in Business Law at Texas State University.
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Date Created: 09/22/15
Business Law Exam ll Torts Intentional A has to have intent to commit the act against P Assault fear of immediate harmful or offensive contact Battery Intentional touching wo consent Transferred intent A intends to hit B B ducks and A hits C instead Negngnce Breach of standard of care RPP reasonably prudent person people who don t break laws amp RPProf reasonably prudent professional Invitee business guest warn about known dangers amp anything should have known Licensee social guest warn about known dangers Trespasser no abnormally hazard conditions Proximate cause must have been reasonably foreseeable To win a negligence case a P must prove 5 elements Duty of Due Care A had a legal responsibility to the P Breach A breached her duty of care or failed to meet her legal obligations Factual Cause A s conduct actually caused the injury Proximate cause it was foreseeable that conduct like the A s might cause this type of harm Damages P has actually been hurt of has actually suffered a measureable loss Dram act liquor stores bars amp restaurants liable for serving drinks to intoxicated customers who later cause harm Factual cause A s breach led to the ultimate harm Res lpsa Loquitur the thing speaks for itself the facts imply that the A s negligence caused the accident Strict Liability liability wo fault Ultrahazardous Activity harmful chemicals operating explosives keeping wild animals bringing dangerous substances onto property A engaging in activity is almost always liable for any harm that results False imprisonment detain beyond a reasonable time wo consent Intentional in iction of emotional distress results from extreme amp outrageous conduct that causes serious emotional harm Defamation injure the reputation of a person published l stated or told to a 3rd person truth is an absolute defense Elements in a defamation case are Defamatory statement statement likely to harm another person s reputation Falseness statement must be false Communicated statement must be communicated to at least one person other than plaintiff Injury P must show some injury lies in these 4 categories are slanderper 5e Slander orally injure reputation Libel written Opinions cannot be proven true or false Public personalities only win defamation case by proving actual malice A knew the statement was false or acted w reckless disregard of the truth Absolute privilege witnesses in court can say anything at all amp never sued for defamation 2 types of human Private defamation Public A recklessly disregards for the truth or knowledge of it being false Fraud material misrepresentation of act state opinion comes up in K law which is voidable can either accept or reject Conversion taking of another s personal prop Trespass enter onto real prop on another s wo permission if you ask someone to leave amp they don t then they re trespassing Damages Compensatory damages amount of money that the court believes will restore him to the position he was in before the A s conduct caused injury Single recovery principle requires a court to settle the matter once amp for all by awarding a lump sum for past amp future expenses if there will be any Punitive damages intended to punish the A for conduct that is extreme amp outrageous When awarding punitive damages court must consider 3 quotguidepostsquot The reprehensibility of the A s conduct The ratio between the harm suffered amp the award The difference between the punitive award amp any civil penalties used in similar cases Economic Damage lost wages medical expenses amp other measurable losses Noneconomic damages pain amp suffering amp other losses that are difficult to measure Tortious lnterferences w Business Relations Interference w a K There was a K between the P amp a 3rd party The A knew of the K The A improperly induced the 3rd party to breach the K or made performance of the K impossible There was injury to the P justi cation claim that special circumstances made its conduct fair Acting to protect an existing economic interest such as its own K w the 3rd party Acting in the public interest Existing K could be terminated at will by either party Interference w a prospective advantage Need be no K P claiming outside interference w an expected economic relationship A P who has a de nite amp reasonable expectation of obtaining an economic advantage may sue a corporation that maliciously interferes amp prevents that relationship from developing Commercial Exploitation the right to commercial exploitation prohibits the use of someone s likeness or voice for commercial purposes wo permission The Lanham Act provides broad protection against false statements intended to hurt another business in order to win the case P must prove 3 things A made false or misleading fact statements about the P s business A s used the statements in commercial advertising or promotion Statements created the likelihood of harm to the P Castle doctrine have reasonable rights to protect prop amp self Adult amp child attractive nuisance Tortfeasor a wrongdoer an individual who commits a wrongful act that injures another ADR alternative dispute resolution Mediation 2 disputants choosing not to go to court 1 mediator listens but doesn t give solution try to be an active listener neutralize language Arbitration 2 disputants 1 arbitrator not judge gives solution quasiudgefunctions like judge Binding you have no right to go to court Nonbinding possible to go to court court looks at quotis the arbitrator in quotarbitrary amp capriciousquot If no then no If yes than rule against party against arbitrator Catherine Shellmen LOVE leaving out violence everywhere Victims leave abusers 712 times before permanent leave Cycle of abuse abuse lj honeymoon phase lljabuse buildup amp repeat School to prison pipeline policies amp practices that push kids out of school 2 components Exclusionary school discipline expulsion in school suspension Criminalization of student behavior Lack of meaningful intervention amp support criminalization of behavior expulsionary discipline l decreased class time court contact negative outcomes checking out of school amp dropout OSS out of school suspension up to 3 days in TX Daep disciplinary alternative extension program amp jjaep juvenile justice most serious offenses amp no guarantee to go back to school FTAs failure to attend school class C misdemeanor heard in adult criminal court 3 absences in 4 weeks 10 absences in 6 months or tardies TX Supreme Court hears civil cases Common law is about facts based on prevailing laws or rules Stephen goes to TX but lives in CA Breaches K w Trey in TX State Court In personam min contact w Trey Civil preponderance of evidence Criminal beyond a reasonable doubt Agency All employees agents but all agents employees Principal a person who has someone else acting for him Agent a person who acts for someone else Agent principal working on principals behalf Scope of authority job description that tells you what to do respondeat superiorem ploryer responsible for actions of employee Express Implied Apparent lead third party to believe Rati cation after the fact ratify entire transaction quotFrolic amp Detourquot agent personally liable outside scope of authority Fully disclosed principal Jane Doe agent ABC Inc principal Partially disclosed principal Jane Doe agent Undisclosed principal Jane Doe Fiduciary Duty principal 9 agent Duty of Agents to Principals Duty of Loyalty an A has a duciary duty to act onally for the P s bene t in all matters connected w the agency relationship Duty to obey instructions Duty of care Duty to provide information Duty of Principals to Agents Duty to compensate as provided by the agreement Duty to reimburse for reasonable expenses Duty to cooperate K merchants hire experts imputed knowledge K equal dignities of rules laws statute of frauds If K must be in writing so must agents K Bailments personal prop bailor transfer prop to bailee transfer for a purpose or do not transfer title Bailee knowingly accept unless safety deposit bow or car trunk possession valet dry cleaner Sole bene t bailor slight care mutual bene t RPP RPProf ordinary care Sole bene t bailee extraordinary care Disclaimer actual notice amp constructive notice Wills Testate dying w valid will lntestate probate court dying wo valid will probate code tells where prop goes Testator writes the will Descendantdead Heirs gains will Executor agent Estate what is being sold Formal will attorney Holographic handwritten Nuncupative oral Community Prop TX law Married assets amp debts 12 spouse amp 12 spouse Separate prop single gifts will Comingle mix amp traceable very crucial Community prop married shared home 12 wife amp 12 husband Gifts Donor gives Donee receives Must be present when giving gift Donor must have donative intent transferring title amp must relinquish possession Donee must accept 2 types of gifts lntervivos regular gifts made during lifetime Causa mortis gift in contemplation of death must die from what person though was going to die from Causa Mortis gifts can be taken back amp pass through will Personal Property Lost inadvertly part w prop nder bailee Mislaid intentionally put it somewhere but don t remember where nder bailee Abandoned intentionally discarding Private private owner amp public 1st person to take possession title
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