Business Law Final (1 Tort)

Antitrust Laws

Designed to protect against monopolies

Sherman Act 1890

Prohibits “restraints of trade“ restrictions on how the market should work

Which schools focus on antitrust laws?

• Harvard

• Chicago

Tort

Civil wrong punishable by money

What are the common intentional torts?

• Battery

• Assault

• False Imprisonment

• Defamation

• Appropriation

Tort of Battery

The tort of unwanted touching and has to be intentional

• Defense: The truth

Tort of Assault

Putting someone in fear of intentional touching

• Defense: Self Defense

False Imprisonment

wrongfully deprived someone from their freedom of movement

• Defense: The Shop Keepers Privilege

  • Business is allowed to do reasonable accusations

Defamation

The publication of false negative information about someone else

• Defense: The truth

What is the difference in defamation?

• Slander - Spoken

• Libel - Written

Appropriation

Use someone image for commercial gain without their consent

• Defense: Consent

Intentional Infliction of Emotional Distress (IIED)

Tort of outrage

• Defense: None; Just don’t do it

Neglagence

The failure to exercise the care of a reasonable person under the circumstances

Res Ipsa L.

The thing speaks for itself

Theories of Liabilities

• Strict Liability Manufacturing Defect

• Strict Liability Design Defect

• Failure to Warn

• Negligence

• Express Warranty

• Implied warranty Merchantability

• Implied Warranty Fitness for Particular Purpose

Test District Liability

Did you introduce into the stream of commers a product that is in a defective condition that is unreasonably dangerous

Product Recalls

Limits the number of possible claims; it is not a defense to be sued

Failure to warn

manufacturers have a duty to warn consumers about risk that a reasonal person would need to be warned about

Implied Warranty Merchantibility

The product is fit for ordinary use

Implied Warranty FPP

When the seller gives you a bad recommendation