BLAW 280 Module 4 Starter File
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BLAW 280
Business Law MODULE 4
FALL 2022 AP 1
Name
Gabrielle Gordon
Date3/25/2024
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Chapter 7
7.1 Intentional Torts
1. What is a TORT?
3. What are the elements of these torts?
7.2 Negligence
1. Who do we owe duties to under the tort of negligence?
3. How can causation, both actual and proximate, affect liability?
4. What are the requirement to demonstrate damages in a negligence suit? 5. What are the various defenses to negligence?
7.3 Strict Liability
1. What is strict liability and when does it apply? 2. How can a product be unreasonably dangerous, triggering strict liability? 3. How are product’s warnings and labels part of a product’s safe design? 4. What are the defenses available to strict product liability?
2. What is an intentional
tort?
2. How can a DUTY
be legally breached?
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A tort can be broadly defined as a civil wrong, other than breach of contract
Assault: An intentional, unexcused act that creates in another person a reasonable apprehension or fear of immediate harm
Battery: a completed assault. It is any unconsented touching, even if physical injuries aren’t present
IIED:Extreme and outrageous conduct (measured objectively) that intentionally or recklesslycauses severe emotional distres
Invasion of Privacy:. The intrusion into the personallife of another without legal justification
False Imprisonment:Intentionally confining or restraining another person’s movement without justification.
Trespass:Intentional entry to land owned by another without a legal excuse.
Defamation:. Publishing or saying untrue statements about a living person that harms his or her reputation.
Fraud:The misrepresentation of facts (lying) with knowledge they are false or with reckless disregard for the truth
All persons, as established by state tort law, have the duty to act reasonably and to exercise a reasonable amount of care in th
A breach is demonstrated by showing the defendant failed to act reasonably, when compared with a reasonable person
Causation that causes injury is proven, and that person is directly liable, proximate causation is when . An act from which an in
assumption of risk, contributory negligence, good samaritan law
In strict product liability, any retailer, wholesaler, or manufacturer that sells an unreasonably dangerous product is strictly liab
A product’s warnings and documentation are a part of a product’s design, and therefore inadequate warnings can be a basis fo
Assumption of risk, product misuse, and commonly known dangers are all defenses to strict product liability
A type of tort where the defendant acts with intent to cause a particular outcome. In an intentional tort, the tortfeasor inte
consequences of his or her act, or knew with substantial certainty that certain consequences would result from the act. This
To prove negligence, plaintiffs have to demonstrate four elements are present. First, they have to establish that the defendan
breached that duty. Third, the plaintiff has to prove that the defendant’s conduct caused the injury. Fourth, legally recognizab
a tort require neither intent nor carelessness, if strict liability applies, it is irrelevant how carelessly, or how carefully, the defen
someone is harmed in a situation where strict liability applies, then the defendant is liable
Chapter 8
8.1 Personal Property
1. What is the difference between personal property and real property?
2. What is a FIXTURE?
3. What are the methods of acquisition of personal property?
4. What is a bailment?
8.2 Real Property
1. What is real property? 2. What are the methods of acquisition of real property?
3. What is ownership interests and scope of interests?
4. What is the landlord-tenant relationship?
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Personal property can be acquired for ownership through production, purchase, or gift or, in certain circumstances, by finding
Bailments are legal arrangements in which the rightful possessor of personal property leaves the property with someone else Real property may be acquired for ownership (the title may be obtained) in one of several ways. It may be purchased, inherite
Property is classified as real property or personal property, tangible or intangible, and private or public. Personal property can
transformed into personal property when it is severed from the land
Something that used to be personal property but has become attached to the land so that it is legally a part of the land. . Fixtu
fixtures are transferred as a part of the real property
Real property is land, and certain things that are attached to it or associated with it. Real property includes undeveloped land,
office buildings. Real property also includes things associated with the land, like subsurface rights
owners may have different rights, depending on their kind of ownership. The scope of interest in land may include surface an
separately, such as subsurface rights and water rights
a tenant has the right to exclusive possession of the real property and the duty to follow the rules of occupancy set out by the
and the duty to ensure that the premises are habitable. If one party does not perform under the lease as required, the other p
CASE
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E SUMMARY
Case Name
Snyder v. Phelps, 580 F.3d 206 (4th Cir. 2009)
Midler v. Ford Motor Company, 849 F.3d 460 (9th Cir. 1988)
White v. Samsung Electronics America, 971 F.2d 1395 (9th Cir. 1992)
Iannelli v. Burger King Corp., 145 N.H. 190 (2000)
Weirum v. RKO General, 15 Cal.3d 40 (1975)
Wyeth v. Chapter 7 Torts 231 Levine, 555 U.S. ___ (2009),
Colavito v. New York Organ Donor Network, 2006 NY Slip Op. 09320 (NY App. Ct. 2006).
Summary
a landmark decision of the US Supreme Court ruling that speech on a matter of public concern, on a public street, cannot be th
basis of liability for a tort of emotional distress, even in the circumstances that the speech is viewed or interpreted as "offensiv
"outrageous".the case brought up the issue of whether or not the First Amendment protected public protestors at a funeral a
claims of emotional distress, better known as tort liability.
Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988) is a United States Court of Appeals case in which Bette Midler sought re
against Ford Motor Company for a series of commercials in the 1980s which used a Midler impersonator. The case brought int
question if a unique feature, such as a voice, can distinguish someone and thus must be authorized for impersonation. the appellate court ruled that the voice of someone famous as a singer is distinctive to their person and image and therefore, as a
of their identity, it is unlawful to imitate their voice without express consent and approval. The appellate court reversed the d
courts decision and ruled in favor of Midler, indicating her voice was protected against unauthorized use.[
This case involves a promotional "fame and fortune" dispute. In running a particular advertisement without Vanna White's permission, defendants Samsung Electronics America, Inc. (Samsung) and David Deutsch Associates, Inc. (Deutsch) attempted
capitalize on White's fame to enhance their fortune.The Ninth Circuit reversed the District Court, finding that White had a cau
action based on the value of her image, and that Samsung had appropriated this image. Samsung's assertion that this was a pa
was found to be unavailing, as the intent of the ad was not to make fun of White's characteristics, but to sell VCRs.
The Iannelli family went to eat at burger king where there was a group of obnoxious, swearing teenagers. The father asked the
stop and the teens beat him. The family argued that a commercial enterprise (restaurant) has a duty to exercise reasonable ca
towards its patrons. The restaurant does have a duty of reasonable care to those who are eating in the restaurant, but protecti
them from assault does not normally fall within the duty owed to diners at a restaurant. However, in this case, the family won
because when warning signs indicate that individuals eating in the restaurant may not be safe, the manager of the restaurant duty to take action to try to prevent injury.
A decedent's wife and children brought an action for wrongful death against a radio station. Decedent's car was negligently fo
off the highway by one of two minors who were attempting to follow a disc jockey's automobile as part of a contest run by the
radio station. The trial court entered judgment in favor of the decedent's family. On appeal, the Superior Court of Ventura Cou
affirmed. The case was appealed to the Supreme Court of California.
Levine. Wyeth v. Levine, 555 U.S. 555 (2009), is a United States Supreme Court case holding that Federal regulatory approval o
medication does not shield the manufacturer from liability under state law.If a drug meets the labeling requirements of the FD
does that give rise to federal preemption of state law regarding inadequate labeling?Justice John Paul Stevens, writing on beh
a 6-3 court, rejected both of Wyeth's arguments. In other words, the Vermont law was not preempted (or overruled) by FDA regulations; thus, the plaintiff could argue her case before a state court jury.
In 2002, Colavito (plaintiff) was suffering from end-stage kidney failure, with his only hope for survival being a kidney transplan
good friend of Colavito passed away during this time and donated his kidneys to him. The New York Organ Donor Network (defendant) determined they would be a sufficient match for Colavito, and shipped one to his hospital. it was given to someon
else.