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86 Cards in this Set
- Front
- Back
Torte |
civil wrong other than the breach of a contract that results in damages to another committing an act or omission that causes a loss to another |
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private wrong |
type of torte, enforced by the victim sueing the wrong doer for money |
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The 3 classes of tortes |
Intentional Negligence Strict Liability ( where liability is imposed automatically upon a party regardless of their fault |
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Type of Intentional Tortes |
Battery Assault False Imprisonment Infliction of Mental Distress Invasion of the Right to Privacy Defamation Fraud Trespassing Conversion |
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Battery |
2 ways: -defendant himself- someone punches someone -force set of motion by the defendant (throwing a snowball) |
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Assault |
intentional act that places another in an awareness that a battery is about to occur |
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Examples of False imprisonment |
physical barriers (locked doors) force (use of gun) threat of force |
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Merchant's Protection Statute |
protects retailers from false imprisonment lawsuit from an alleged shoplifter |
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Invasion of the right to privacy grounds |
1. unreasonable interference onto a person's life 2. public disclosure of private facts 3. publication of info that falsely portrays a person 4. misuse of a person's name or likeness for commercial purposes |
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defamamtion |
false statement made to a 3rd party that adversely affects another person's reputation defense: is that it is true |
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Fraud |
intentional misrepresentation used to induce another party into an agreement goods, service, property |
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Conversion |
Wrongful destruction of personal property |
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types of defense against intentional tortes |
Self defense, defense of property, consent, necessity |
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types of consent used on defense against intentional tortes |
Express Consent- words or actions implied- course of conduct that shows consent |
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2 types of causation |
Actual- defendants act was the cause in fact to the plaintiffs injury proximate- defendants act was the legal cause of the plaintiffs injury |
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Defenses against negligence |
contributory-bar recovery (plaintiff would get nothing) comparative- a court with compare negl.of the plaintiff to the negl. of the defendant and award damages based on % of fault assumption of risk- person has knowledge of risk |
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Strict Liability |
imposed automatically in some situations, does not require negl. or intent apps: worker's comp (show injury on job), selling a defective product, engaging in an enherently dangerous activity (bombs) |
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Specific business tortes |
interference with a contractual relationship |
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elements a plaintiff must prove to file a specific bsn torte |
1) an enforceable contract existed 2) defendant has knowledge of the contract 3) defendant caused either party to break the contract |
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What is a torte interference with business |
one intentionally causes injury to the business of another |
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how long is a copyright good for? |
copy right is a grant from the fed gov for the sole right to a literary or artistic work, good for lfe of the author plus 70 years |
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Caveat Emptor |
let the buyer beware (buyer can look over the product) -property -services |
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What are 3 legal claims for products liability |
1) negl. 2) strict liability 3) warranty |
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for strict liability for product liability, can the plaintiff be a customer or any injured party? |
ya |
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what is a plaintiff |
a person who brings a case against another in a court of law |
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what is a defendant |
an individual, company, or institution sued or accused in a court of law |
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does the plaintiff have to prove the defendant was at fault for products liability? |
na |
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in a products liability, what don't you have to show? |
negligence, intent, or breach of warranty |
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Strict products liability requirements |
1) defendant was in the business of selling the product 2) the goods was not substantially changed from the time of sale of the time of injury 3) the product was sold in a defective condition 4) product was unreasonably dangerous 5) physical harm or property damage |
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types of defective conditions for a product liability issue |
A) manufacturing defect- something went wrong in the man. process B) Design defect- where the product is man. as intended. (causes injury bc of poor design) |
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defenses to strict liability for a product |
-Assumption of Risk- voluntarily proceeds in the known face of danger (warning label) -misuse of product- person uses product for something it's not designed for |
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Warranty Law |
obligations arise about Uniform Commercial Code (UCC) |
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Article II under Warranty law is |
Sales of Goods |
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Warranty |
assurance buyer has in buying (doesn't have to be written) |
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Express Waranty |
seller makes statements about the goods |
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4 ways a seller can make an express warranty |
1) affirmation fact 2)description 3) sample or model 4) puffing |
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Affirmation Fact (express warranty) |
statement of a fact made by seller can create express warranty |
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Description (express warranty) |
any description regarding the goods |
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sample or model (exp. warranty) |
model in store is different |
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Puffing (express warranty) |
expression of opinion by seller doesn't create warranty |
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Implied warrrenty of Merchantability |
imposed on the seller |
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Warranty Disclaimers |
Express Warranty: UCC does not allow a seller to disclaim express warranties Implied Warranty: can be disclaimed by a writing that clearly disclaims the warranties |
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Magnuson-Moss Warranty Act |
federal statute applies if a written guarantee is given in the sale of consumer goods |
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requirements for magnuson-moss warranty act |
1) if a written gauruntee is given, then the implied warranties cannot be disclaimed 2) disclosure of the warranty has to be in clear language 3) warranty has to be stated to be limited or full |
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limited |
anything not full |
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full |
1) company must agree to repair it without charge 2) no limitation can be placed on length of implied warranty 3) consumer has the option of refund or replacement |
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caveat emptor |
let the buyer beware the buyer has not recourse against the seller if they purchase a defective product |
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Federal Trade Commission Act (FTC act) |
the primary federal statute that regulates consumer sales and advertising |
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FTC act |
prohibits unfair or deceptive acts or practices by business |
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Federal Trade Commission is what |
-federal agency that enforces the consumer protection laws -has the power to make trade regulation riles -specify particular bsn practices that are deemed unfair or deceptive |
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3 elements of a deceptive ad |
1) must contain a representation, omission or practice 2) likely to mislead 3) material (significant to consumer) |
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types of deceptive ads under FTC rules |
1) false statement or claims 2) half truths (correct but incomplete statements) 3) Unsupported Claims 4)Deceptive Pricing 5) deceptive testimonials |
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What is Bait and Switch |
Sales practice that's outlawed by by FTC rules |
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2 elements of bait and switch |
1) Advertising a product with no intention of selling it 2) switching the consumer to a more expensive product |
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what all has to be on a fair packaging label |
1) name and address of the packager 2) net quantity -stated in a specific matter (usually weight) 4) serving size has to be stated |
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Telemarketing and consumer fraud and abuse prevention act |
-regulates the sales practice of making unsolicited phone calls to consumers -prevents telemarketers to from making calls that a reasonable consumer would consider coercive |
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telemarketer caller must include: |
purpose of the call is to tell goods or services price of the goods and services (private person can sue and statuary damages) |
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FTC rules for sales my mail |
1) business must ship the goods within the time specified 2) if no time is specified, it must be shipped within 30 days 3) notify the customer if the order can't be shipped on time |
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2 elements for defraud (trick or cheat someone out of their money) |
1) there is a scheme to defraud 2) mailing of a letter for the purpose of executing the scheme |
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Door to door sale contract |
the consumer can rescind the contract within 3 days of signing it |
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at the time of a loan application for real estate, the lender (creditor) must provide: |
1) good faith estimate of the closing costs 2) settlement costs and you -department of housing and urban development (HUD) includes loan app fee, survey, appraisal, brokerage fees, real estate taxes, insurance, points, and a credit report |
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Interstate land sales full disclosure act |
regulates the interstate sale of real estate |
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3 elements of the interstate land sales full disclosure act |
1) selling 100 or more parcels of real estate 2) in a common promotional plan 3) through interstate commerce |
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Consumer credit protection act |
Fed statute that regulates consumer credit transactions 1) equal opportunity act 2) truth in lending act 3) fair credit billing act 4) fair reporting act 5) fair debt collection practices act |
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Equal credit opportunity act |
prohibits discrimination in extending credit applies to any business that regularly extends credit to consumers prohibits credit to be extended on regular types of discrimination |
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When can a creditor discriminate when extending credit? |
Income- creditor can discriminate on person's amount of income or assets but not income source (welfare, employment comp) |
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How do you properly discriminate an applicator |
Within 30 days of application 1) notify the applicant 2) provide reasons for the denial of credit |
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Truth and lending Act |
requires a creditor to make certain disclosures when making a loan to a customer |
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The truth and lending act applies to 2 types of transactions: |
1) Close ended- where credit is extended for a specific time period (car loan) 2) Open ended- creditor can enter into multiple credit transactions and pay them off as he sees fit |
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Close ended transactions, lender must disclose: |
1) cash price 2) down payment or trade-in loans 3) amount financed 4) finance charge 5) annual % rate over the life of the loan |
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in an open ended credit transaction, how much does the act limit the cardholders liability to for an unauthorized charge? |
$50 |
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Fair credit billing act |
gives rights to consumers regarding bills received for credit transactions |
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rules for fair credit billing act |
1) if a consumer notifies creditor of billing error, creditor must correct it within 90 days 2) consumer can withhold the payment of a credit card bill of there's a breach of the underlying contract |
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Fair credit reporting act |
regulates businesses that produce credit reports on consumers home loans, car loans, cell phones |
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Clean water act |
makes water safe for swimming, eliminate discharge of pollution in water permit for any kind of waste at any point source |
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Pollution control equipment |
1) conventional pollutant (best practical technology) 2)unconventional pollution - toxic, poison, causes cancer -best available technique to clean it |
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Wetlands |
prohibits the filling in or dredging of a wetland unless you have a permit are generally saturated with water that supports vegetation in a saturated soil condition |
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Clean Air Act |
1963 2 types: 1) air toxic pollutants that cause death or serious illness at low levels 2) criteria pollutants: adversity that effects human health at increasing levels NAAQS |
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National Ambient Air Quality Standards (NAAQS) |
allowable levels of air pollution 2 types: 1) primary standard-protect human health 2) secondary standard- other human health (property damage, visibility, vegetation) |
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what are the 6 criteria pollutants that are restricted |
1) ozone 2) lead 3) carbon monoxide 4) particulates 5) sulfer 6) nitrogen dioxide |
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Federal Environment Pesticide Act |
1) chemicals registered before theyre sold 2) certified and used only for approved applications 3) used in limited quantities when applied to food crops |
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Companies that make chemicals have to: |
1) notify EPA before producing new chemicals 2) conduct tests |
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resource conservation and recovery act |
regulates the process taht results in disposable of waste |
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manifest system |
a person who created waste has to vreate a document (manifest) specifies quantity and destination of waste. a copy of the doc has to go tot he generator, transporter, and development |
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comprehensive environment response compensation and liability act |
imposes liability on potentially response parties for a hazardous waste site |
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who are parties in a hazardous waste site |
party that generated, transported, owner of site that the time of disposal, current owner. parties are absolutely liable for cleanup no matter what jointly or severally liable |