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Business Law I

by: Miss Llewellyn Schoen

Business Law I BLAW 3150

Miss Llewellyn Schoen
GPA 3.94

Calvin Chesson

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Calvin Chesson
Class Notes
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This 10 page Class Notes was uploaded by Miss Llewellyn Schoen on Sunday October 25, 2015. The Class Notes belongs to BLAW 3150 at University of North Carolina - Charlotte taught by Calvin Chesson in Fall. Since its upload, it has received 113 views. For similar materials see /class/228937/blaw-3150-university-of-north-carolina-charlotte in Business Law at University of North Carolina - Charlotte.


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Date Created: 10/25/15
TORTS 1012013 111200 PM Tort o A civil wrong as distinguished from a crime that is not a breach of contract and for which the law provides a remedy o Consists of the violation of a standard of behavior established by society The same is true of a crime except the State rather than an individual is offended A breach of contract on the other hand involves the violation of a standard of behavior established by the parties themselves Movie Class Action o Ethical Concerns o Daughter vs Dad 0 She s sleeping with her boss Maggie amp Michael 0 the circuit wasn t changed because it was cheaper to deal with the lawsuits than to recall all the cars Failing to turn over the report Bribery to cover up Michael and she will be the youngest partner of the firm 0 When Maggie turned against the motor company She should have turned down the case instead of working with her father Strict Liability o Liability without regard to fault o Imposed on individuals engaged in dangerous activities Example blasting rock liable even if all reasonable precautions are taken o Also imposed in productsliability cases when inherently dangerous if defective Intentional Torts in most cases they can also be crimes o Assault and Batter actually two separate torts 0 Battery an unpermitted touching 0 Assault occurs when one s action creates in another a reasonable apprehension of bodily harm O 0 Conversion o The wrongful interference with one s right to possession of personal property The intent require is for the defendant to exercise control over goods that is inconsistent with the plaintiff s right to possession Defamation A false communication that tends to injure one s reputation by lessening his esteem respect or goodwill in the community Must be published requirements is that the statement be made to a third party Actually consist of two torts o Libel written word Existence of damages is presumed amount must be proven o Slander spoken word Two kinds of Slander o 1 Slander per se unnecessary to prove damages must prove amount Consists of the imputation of a crime or of a loathsome disease or statements affecting the plaintiff in his business trade profession office or calling 0 2 Slander per quod all other slanderous statements Require proof of damages Protection from Liability for Defamation Privilege circumstances in which an individual is protected against liability for published false statements Two kinds 0 1 Absolute Privilege statements made in judicial proceedings legislative proceedings and certain executive communications 0 2 Qualified Privilege statement must be made in a reasonable manner and for a proper purpose Interference with Contractual Relations Plaintiff has a contract and defendant interferes with it False Imprisonment Deceit The intentional unprivileged detention of a person without his consent Does not mean that the plaintiff must be locked up by physical force Often occurred when one charged with crime of larceny Now most defendants in shoplifting cases are charged with the crime of unlawful concealment which prevents in most cases a successful charge of false imprisonment Also knows as fraud o Consists of o 1 A false representation 0 2 Made with knowledge of falsity o 3 Made with intention of inducing the plaintiff to rely on the statement and o 4 Plaintiffjustifiably relies on the statement and an injury results Nuisance o Results from a substantial interference with a right or an interest of another person most often the right to enjoy and use his property o Many causes 0 Excessive noise 0 Pollution 0 Smoke Tort of Negligence Behavior that is not intended to injure anyone but that involves a failure to exercise due care In order to recover for the tort of negligence the plaintiff must prove that the defendant owed a duty of care to the plaintiff and the duty was violated Most often used tort All automobile accident cases are based on the tort of negligence Duty owed changes from case to case o Duty owed someone coming on your property 0 Duty owed to an invitee to make the premises safe not only against those dangers of which he owner lessee is aware but also against those dangers that he might discover with reasonable care Homeowner store owner mall owner Slip fall cases Innkeepers Duty owed a licensee o One who comes on your property with your permission but for his own benefit o Duty refrain from any active negligence Duty owed a Trespasser o Owner must refrain from willfully and intentionally injuring him Burglar o Exception attractive nuisance such as a swimming pool as to children must exercise reasonable care to protect them even though technically they may be trespassers Breach of Duty Standard o The objective standard how would a reasonable man have behaved under the circumstances o Forjury to determine may be different in different venues Causation and Injury o It must be shown that the negligent behavior caused the injury in question o Palsgraf v Long Island Railroad o Foreseeability Defense to Negligence o Contributory Negligence and Comparative Negligence In most states NC contributory negligence is a complete defense Where plaintiff contributed to his injuries o Last clear chance used only in states that also contributory negligence Plaintiff negligent but Defendant had last opportunity to avoid injury and did not o Assumption of Risk Plaintiff knowingly enters an area of danger Negligence Per Se o Negligence in and of itself o Usually used in automobile accident cases where defendant violates a statute such as speeding etc Res Ipsa Loquitur o Facts speak for themselves o But for negligence the accident would not have occurred o Example wheels coming off a new car o Defendant must prove he was not negligent Special Negligence Statutes o Good Samaritan Statutes persons who are aided voluntarily by others cannot sue them Primarily for use of physicians and medical personnel o Dram Shop Acts Tavern owner bartender or social host may be held liable for injuries caused by a person who became intoxicated while drinking at the bar or at social situations homes Contracts 1012013 111200 PM Introduction to Contracts o Definition the restatement of the Law of Contracts states that a contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty o Courts will enforce only certain types of promises If John promises to give Sam 50 and does not do so Sam cannot enforce the promise in Court because it lacks elements required for a valid contract Elements of a Contract o A valid contract requires the following elements 0 1 Offering and acceptance 2 Contractual capacity of the parties 3 A legal purpose and object 4 Consideration if any of these elements is missing the promise or agreement is not a contract Classification of Contracts o 1 Can be oral or written o 2 Formal or simple 0 formal contacts are contracts under seal 0 seal or etc 0 simple contracts are all contacts not under seal 0 what difference does it make when contract is under seal a there is a reputable presumption the contract is supported by consideration and b statute of limitations is extended o 3 Bilateral or unilateral Concerned with promises of the parties 0 bilateral contract has two promises both parties promise to do something Ex A promises to buy B s car for 5000 one month from date of contract and B promises to buy A s car for 5000 on that date 0 Unilateral contract has only one promise o 4 Void voidable and unenforceable o Void a void agreement is one that lacks one of the elements of contract 0 O O O o Voidable contains all the elements of a contact but for some reason or another one of the parties may be entitled to rescind the contract Ex Entered into under duress o Unenforceable satisfies all the requirements of a contract but court will not enforce it Ex A statute of frauds not in writing b statute of limitations actions instituted too late o 5 Express or implied o express when parties have manifested their intent to enter into a contract orally or writing 0 implied when the parties manifest their intent to enter a contract in a manner other than in words the intent is implied by the situation or actions of the parties Quasi Contact o The court will create imply a contact in order to avoid unjust enrichment where no legal contact exist an element is missing o It is not an actual contact and therefore called a quasi contact o Recovery is in quantum meruit reasonable value of good services etc o Quasi contract is an equitable action by the court o Court will not create a quasi contract if there is a real contact o One may not volunteer his services and then expect the court to create a quasi contact o Necessary that one party do something that results in the benefit to the other party Conflicts of Laws o Parties to a contract reside in 2 different states a conflict arises each state has a different law regarding conflict question is which state law applies and will be uses o Uniform Commercial Code has eliminated most but not all problems We will see that not all contacts are covered by the UCC 1St Element The Offer c an offer is the initial step in the formation of contract o Not all promises are offers o Restatement of the Law of Contracts defines an offer as a promise which is in its terms conditional upon an act forbearance or return promises being given in exchange for the promise or its performance Offer Contractual Intent o The statement to be an offer must be made by the offeror with the intent to enter into a contractual relationship with the offeree o Question how do we determine whether a statement has been made with the intent to enter into a contractual relationship 0 Subjective theory No because we cannot actually know what is going on in an individual s mind Continuation of Contractual Intent o Objective theory Yes Reasonable Man Test Look at all the surrounding circumstances where when how If a statement is made under circumstances that would indicate to a reasonable man that the offeror intended to be contractually bound there is a valid offer even if heshe had some secret mental reservation Question for Jury Lucy vs Zehmer Va Case decided in 1954 Negotiations Preceding Offers o Some statements may not constitute an offer but are merely negotiations or invitations to deal 0 Advertisements Offer or invitations to negotiate further 0 Auctions Auctioneer solicits offers the bid is the offer he generally may reject all offers exception is an auction without reservation or absolute auction Communications of Offer o An offer must be communicated by the offeror to the offeree o The offeree cannot accept an offer until it is communicated Definiteness o An offer must be de nite and certain o Does not mean that every conceivable bit of information must be contained in the offer o Exception Even though neither definite nor certain Output and Requirement offers and their acceptance can ripen into a contract Example Automobile Company and Steel producer Termination o Obviously when an offer is accepted the offer is terminated and if everything is in place a contract is formed o In addition to acceptance there are a number of ways that an offer may terminate O O O O 1 Expiration of Time A time expiration date stated in offer B No time expiration date stated in offer will terminate at the expiration of a reasonable period of time What is a reasonable period of time Jury question 2 Revocation As a general rule the offeror can revoke his offer at any time prior to its acceptance Can be done in any reasonable manner that indicates that the offer is revoked Two situations that seem to be exceptions A Option B Firm Offer Under the UCC When a merchant promises in a signed writing to keep an offer open for a stated period of time it may not be revoked Does not need consideration as does an option If no stated time is mentioned it is a reasonable time not to exceed 3 months 3 Rejection or rejection and counteroffer A A rejection by the offeree terminates the offer and cannot be accepted thereafter even though the offeree changes his mind B A counteroffer operates as a rejection and an offer a Generally a purported acceptance that varies the terms of the offer will operate as a rejection 4 Death or Insanity The death of either the offeror or offeree prior to acceptance terminates the offer Do not confuse with death of one of the parties after a contract comes into existence Death in this case does not necessarily terminate the contract will discuss later 5 Illegality Legislation or Court decision making the subject matter of a contract illegal terminates an offer 1012013 111200 PM


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