Business law

Torts

They are all around us. Sort of like an insurance policy to make sure the owner of the property or business cannot be sued. Ex: yellow slippery sign, Sky Zone injury waiver, warning sign saying not liable.

UCC

Uniform Commercial Code. Law of contracts all states go by. Covers all contracts for services and goods.

Case law

Laws decided by the courts. Ex: school segregation unconstitutional, gay marriage, abortion.

Common Law

Judge-made decisions are rooted in judge-made law. Other countries operate under other systems.

Stare decisis

Latin term for “follow precedent.”

F.I.R.A.C.

Facts, Issue, Rule, Application, Conclusion.

Compensatory damages

Damages in tort actions (restore what was lost).

Punitive damages

Money damages awarded to punish defendant and deter future similar conduct. Ex: suing for racism in hiring.

Battery

The unprivileged, intentional touching of another. Can be harmful or merely offensive.

False imprisonment

Restraint of another person’s activities without justification.

Defamation

False statement causing injury to another’s reputation.
Libel = written/permanent.
Slander = oral.

Appropriation of identity

Using a person’s name or picture for commercial purposes without permission. Most states codified in statutes/right of publicity.

Fraud

Misrepresentation of material fact, knowingly made with intent to deceive, on which a reasonable person relies to their detriment. Ex: saying you dunked on LeBron to make someone bet. Must meet all elements.

Negligent Misrepersentation

Saying something false without knowledge it was false

Trespass to land

Entering without permission (harm not required). Trespasser liable for damage and usually cannot sue owner for injuries.

Negligence (Unintentional tort)

Failure to exercise standard of care a reasonable person would in similar circumstances.

Causation (Negligence

Must show act caused harm.
Causation in fact: “but for” test.
Proximate cause: legal cause, foreseeability.

Contributory negligence

If plaintiff’s own negligence contributed, absolute bar to recovery (few jurisdictions). If both negligent, plaintiff gets nothing.

Comparative negligence

Liability shared proportionately. Ex: plaintiff 80% at fault can recover 20%.

Trademark

Distinctive mark, motto, or device identifying goods. Protected federally by Lanham Act (1946).