New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here


by: Bethel Graham


Bethel Graham
GPA 3.98

David Baumer

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

David Baumer
Class Notes
25 ?




Popular in Course

Popular in Business Management

This 12 page Class Notes was uploaded by Bethel Graham on Thursday October 15, 2015. The Class Notes belongs to BUS 305 at North Carolina State University taught by David Baumer in Fall. Since its upload, it has received 20 views. For similar materials see /class/223667/bus-305-north-carolina-state-university in Business Management at North Carolina State University.

Popular in Business Management


Reviews for SCHEDULE MIE 305


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 10/15/15
Concepts that Should Be Known for the Second BUS 305 Midterm Intentional Torts and Negligence A What is a tort B What is the theory of compensation 1 What is the purpose of punitive damages 2 How is intent de ned in tort law C Know the three categories of torts Intentional Negligence Strict Liability D What are the 3 elements of Assault of Battery 1 What are the defenses to assault and battery 2 When does an assault occur but not a battery 3 When does a battery occur but there is no assault E What are the 3 elements of false imprisonment 1 P1 is intentionally detained by the def within boundaries set by the def and the detainment is wrongful 2 What must retailers do to avoid lawsuits by suspected shoplifters who are wrongfully accused F Intentional in iction of emotional distress 1 What are the three elements of intentional in iction of emotional distress 2 Why do sexual harassment victims use this tort G Invasion of Privacy 1 What are the 4 types of invasions of privacy 2 Name some defenses public figure and the facts are in the public record 3 What is appropriation of someone s name or likeness a What about web rebroadcasting b What about aggregators H Defamationiwhat are the 3 elements of defamation when a public figure is not involved 1 Defensesiqualifled and unqualified defenses 2 Limited privileges for credit bureaus and eXemployers 3 What additional element does the pl have to prove when the pl is a public gure and the def is the media I Wrongful Interference with a contractual relationshipiwhat are the three elements 1 When is this tort likely to occur 2 Wrongful interference with a business relationshipiwhat are the elements a Be able to recite some examples of legitimate and illegitimate trade practices I Know the five elements of fraud 1 Does the status of the def relative to the pl affect outcomes 2 What is a negligent misrepresentation 3 What are the consequences J Trespass to landiwhat property rights do landowners own 1 What constitutes a trespass 2 What is the difference between a social guest and trespasser 3 What are landowner s duties to a trespasser 4 What are some defenses to trespassing K Why is trespass to personal property rarely used 1 What are the elements of a conversion 2 What is the damage award for a conversion 3 How have trespasses to personal property occurred in cyberspace L Disparagement of Property 1 Slander of qualityiwhat is it What are some examples 2 Slander of titlediwhat it it Examples Unintentional Torts A Negligenceiwhat are the necessary elements 1 What is the reasonable person standard 2 What is proximate cause What are the limits on the but for test a What is an intervening factor or superceding factor III Duties of landownersimust set up pitfalls for trespassers l Duties to social guestsiwam of dangerous conditions 2 Duties to business inVitees are to warn of dangerous conditions that the premises knew about or should have known about Duties of Professionalsiare held to the standards of care that are common within their profession Defenses Assumption of riskiknow the two elements of this defense 1 Contributory negligence and last clear chance Comparative negligence When is a defendant negligent per se 1 What are the Dram shop statutes Can it apply to social parties 2 What are the Good Samaritan statutes Products Liabilityinote that there are several theories of liability A Who is liable under product liability 1 Who are potential plaintiffs 2 What are the theories of liability a Negligence b Breach of warranty c Strict Liability in Tort What is meant by strict liability Are there defenses to suits based on strict liability 1 What are some other examples of when strict liability is applied 2 Can strict liability be created by a contract warranty 3 How are express warranties created 4 What is an implied warranty a What is the implied warranty of merchantability b What is the implied warranty of fitness for a particular use 5 What is Section 402A of the Restatement of Torts Sellers of products could be liable for negligence in D a Inspection b Failure to provide adequate warnings c Failure to design properly Design defectsiwhat factors should the seller take into account in designing a product Be able to reproduce the Learned Hand formula a Note that manufacturers have an obligation to discover hidden defects through testing b Note that if a product falls below industry standards it could be a design defect The same applies to government safety regulations Note that injured consumers can get punitive damages if they can show that the manufacturer had a reckless disregard for safety of consumers FL Strict Liabilityiapplies to manufacturing defects a Note that Section 402A of the Restatement applies to all sellers not just manufacturers b Express and implied warranties under the UCC also create strict liability and apply to all sellers and protect consumers users and bystanders Be able to define and use market share liability strict liability and joint and several liability Why is showing fraud significant in product liability caseshint punitive damages 1 Of course you should know the elements of fraud 2 What is a negligent misrepresentation What is a manufacturing defect How are they evaluated under Section 402A of the Restatement Second of Torts 1 What is the consumer expectation test When is a warning on a product adequate What factors should manufacturers take into account in fashioning warnings 1 Do manufacturers have to warn about foreseeable misuses of products 2 Do manufacturers have a duty to discover latent defects in their product Know the defenses in Product Liability cases Misuse of product assumption of risk comparative negligence sophisticated buyer tampering government design 111 Intellectual Propertyibe able to articulate the difference between IP and intangible property A What are the main forms of IP What is an infringement B Trademarksiwhat is the purpose of TMs 1 What does the Antidilution Act of 1995 protect against 2 Know the basics of TM registrationiwhy do rms register TMs a Strong and weak marksiwhat makes a mark strong what are signs of weak marks b What does it mean when a mark acquires secondary meaning c Why do generic marks lose their TM status d What are service marks e What is the difference between collective marks and certi cation marks f What is tradedress How does it differ from a TM C Patent protectioniwhat kind of protection does it provide 1 Is independent creation a defense to a patent infringement suit In order to get a patent what three characteristics must be presentinew useful and nonobvious 3 What subject matter can and cannot be patented 4 What is the difference between the first to invent which is used in the US and first to file standard that is used in the rest of the world 5 Can software be patentediyes D Copyrightiwhy do firms register their copyrights Is it necessary to register a copyrighted work 1 Be able to name copyrightable worksimovies paintings software 2 What are the requirements for a work to be copyrighted 3 What cannot be copyrighted 4 What is the difference between an idea and the expression of an idea 5 What kind of protection does copyright law provide to software What would be an infringement of software 6 What rights does a CR give to CR owners 7 What is the standard for determining whether a CR ed work has been infringed 8 What is the fair use expression and how does it work a What are the four factors that the courts look at with respect to whether copying copyrighted material is an infringement b Is independent creation a defense Trade Secretsiwhat can be protected by TS s 1 What is the definition of a TS 2 Is independent creation of defense 3 What does the tort of wrongful appropriation of a trade secret involve 4 What is the most likely source of lost TS s Know the basic international treaties that are used to protect IP internationally 1 How does TRIPs and WTO work together Virtual propeninhat does the Anticybersquatting Consumer Protection Act do 1 What are metatags 2 Be conversant with linking deep linking framing and when they are possibly TM or CR infringments 3 What is spamming How is CR being challenged in cyberspace a What does the Digital Millennium Copyright Act do Contractsiconstantly keep in mind whether the common law of contracts applies or whether the UCC does The UCC applies if the transaction involves the sale of What is the legal definition of a contract Know the differences between express and implied contracts 1 What is the difference between a unilateral and a bilateral contract 2 What is the difference between an executed and an executory promise 3 Be able to de ne the differences between valid void voidable and unenforceable contracts What is a quasicontractiwhat are the 3 elements What is the measure of damages Elements of a contract 1 The agreementiwhat are the three elements of offers and acceptances a How is intent established b When does an offer expire c What is the mailbox rule d When are offers acceptances counteroffers rejections and revocations effective 2 Considerationiwhat qualifies as consideration a Do courts consider the adequacy of considerationino in general b What does preexisting duty mean 3 Promises that are enforceable without considerationipromissory estoppel a Know the elements of promissory estoppel 4 Capacityiwhat are the three categories of people that do not possess capacity a What must be done to disaffirm a contract b What is a ratification of a contract c What is a necessary d What are the exceptions to the rule with regard to the capacity of minors to contract 5 Legalityiwhat is the consequence of a contract that is declared illegalithe contract is void a What are the two categories of illegal contracts b Be able to list contracts that are void because they are against public policy 6 Genuineness of consent 1 You need to know the elements of fraud duress and undue in uence 2 What is the meaning of a voidable contract 3 What are the remedies for voidable contractsirescission 4 When does mistake make a contract voidableiwhat is the exception to the mutual mistake rule Writing requirementsiyou need to know when a contract must be in writing to be enforceable There are siX categories of contracts that must be writing to be enforceable a What are the four elements that must be in writing under the common law of contracts b What is the impact of the parol eVidence ruleiwhat are the exceptions or defenses that are still valid Performance Discharge and Breach of Contract a What is a delegation of dutyiwhen is it not allowed b What is an assignment of a contractiwhen is it not allowed c What is the difference between an intended and an incidental beneficiaryiwho can sue who cannot Performanceiwhat is substantial performance When does it apply a What is a material breachihow does it differ from substantial performance b Is one party breaches what can the other party do c What is an anticipatory breach What are conditions in a contract a What is the difference between a condition precedent and a condition subsequent b When do concurrent conditions arise What is the difference between a novation and a satisfaction and accord a Know the things that cause a discharge of the obligation to perform by operation of law eg war Acts of God etc b What is a discharge by impossibilityiwhen does it occur c What is the doctrine of impractibility 12 Remediesiwhat are compensatory damages in contract lawi what is the theory of recovery based on a What are liquidated damages b When can the pl possibly obtain punitive damages c What is speci c performance d Why are injunctions sometimes necessary e What is a reformation f What is the theory of restitution in connection with quasi contract V Domestic and International SalesiNote that we are talking about the sale of goods A UCC has been adopted in all 50 states 1 We will be focusing on Article 27the sale of goods 2 Be able to define when a sale takes place a What are the minimum necessary conditions for title to passiie the goods must be identified in the contract and in existence b When does title pass in the absence of an agreement 3 What personal property is covered by Article 2 4 What is the role of good faith in the UCCihow is good faith defined a How does the UCC define a merchant b If a merchant makes a firm offer in writing that is guaranteed to remain open can they revoke that offer 5 How does the UCC act as a gapfiller a Why does the UCC place so much emphasis on intent 6 How do acceptances under the UCC differ from the common law a How does the UCC treat additional terms in the acceptance b Under what circumstances will the additional terms in the acceptances not be part of the contract 7 Be able to discuss how the UCC functions as a gap filler with respect to price quantity delivery payment and other terms 8 Under the UCC can a contract be modi ed without consideration 9 If writing is required under the UCC what a minimum must the pl prove a What about the need for a signature b What is the consequence of ignoring mail and not objecting within 10 days to a proposal for a contract c How does the parol evidence rule function in sale of goods contracts 10 What is the perfect tender rule a What is a cure How long does the seller have the right to cure b What rights do buyers have when the goods are deliveredi right to inspect c What does a revocation of an acceptance mean 11 Warrantiesiwhat is an express warranty How is it created a Be able to name the implied warranties and describe when they take place b What is the legal consequence of a warrantyiit creates strict liability with respect to the seller c What is the scope of a warranty When can they be disclaimed d What is a limitation of liability 12 What are the remedies available to sellers and buyers in sale of goods contracts a How are the obligations of sellers to mitigate damages b What is recoverable by a seller in a breach of contract suit c What is meant by cover if a seller defaults on a delivery to a buyer d What is meant by nonconforming goods What are the obligations of the buyers with respect to nonconforming goods VI Electronic Commerceas with ordinary commercial law the philosophy is to let the market decide what is the most efficient way of doing business What are shrinkwrap and clickwrap agreements 1 What are common restrictions that are contained in these agreements 2 What other clauses do software vendors typically insert in X wrap agreements Additional terms in the acceptance 1 What are the consequences under the common law of contracts 2 What are the consequences under the UCC 3 What are the consequences of additional terms under Revised UCC Section 2207 a Customer agrees to buy software online and after the purchase the customer nds out about all the additional terms Under what circumstances is the customer bound by the additional terms b What ve conditions must be ful lled for shrinkwrap terms to be enforceable Electronic Signatureshow basically does encryption work 1 What is a cybemotary and what do they do 2 What are biometric tokenswhy is a cybemotary unnecessary What is the Uniform Electronic Transactions Act UETA 1 What kind of electronic signatures are allowed under UETA ESIGNNo contract will be denied legal effect solely because it is in electronic format 1 What are the conditions necessary for ESIGN to apply a The parties must agree b The contract and other records must be printable and storable 2 What are some contracts that are not subject to ESIGN Electronic Agentswhat functions do they perform for rm on the Web 1 Do electronic agents have the power to bind companies when the program malfunctions What does UCITA say in this regard 2 Can EAgents bind companies to clickwrap agreements Under the ESIGN Act what are the three ways to digitally sign an agreement What is the Uniform Computer Information Transactions Act UCITA 1 Why can t the UCC take care of all ECommerce 2 What part of ECommerce is subject to the UCC 3 What parts of ECommerce are subject to UCITA and UETA a Know the main exclusions from coverage of UCITA such as embedded software movies records and cable TV b Can parties opt out of UCITA Why is UCITA basically a gapfiller 4 Mass market licenses under UCITA Under what circumstances are Xwrap agreements enforceable under UCITA 5 What is an authentication 6 What is attribution a What defenses are available to a customer who makes a mistake and orders something he or she does not want 7 What is electronic selfhelp a Is it permitted for mass market licenses b What is required in order for a vendor to exercise electronic selfhelp What are some limitations on use of this remedy


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Jennifer McGill UCSF Med School

"Selling my MCAT study guides and notes has been a great source of side revenue while I'm in school. Some months I'm making over $500! Plus, it makes me happy knowing that I'm helping future med students with their MCAT."

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.