BA 241 Exam 2 - Penn State Harrisburg

Negligence

behavior that creates unreasonable risk of harm to others, accidents and unintentional

4 Parts to Negligence

duty, breach of duty, causation, damages

Duty in Negligence

Obligation to take risk reducing precautions.

Breach of Duty

failure to meet standards

Causation in Negligence

actual cause and proximate cause

Damages (Negligence)

harm or sustained damage being the result of defendants actions

Product Liability

The legal liability of manufacturers, and sellers of goods to consumers for injuries / damages that are caused by the goods.

Manufacturing Defects

product departs from its intended design even though all possible care was exercised in the preparation and marketing of the product

Design Defect

a defect arising when a product does not meet society's expectation for a safely designed product

Failure to Provide Adequate Warnings

When instructions don't provide all info about potential dangers associated with a product

Packaging Defect

unreasonably dangerous due to failure to provide safe container for a product

Sue Under Negligence

duty, breach of duty, causation, and damages

Contributory Negligence

A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. Contributory negligence is an absolute bar to recovery in a minority of jurisdictions.

Comparative Negligence

A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.

Negligence Per Se

statue violation that causes harm that the statute was enacted to prevent

Strict Product Liability

selling products that are defective, product was so defective it was unreasonably dangerous, and product caused injury to user

Ways to Sue for Products

negligence, negligence per se, strict product liability, and warranty

Liability to Bystanders

if exposed to harm regardless if you're an owner or not, you can sue

Defenses to Strict Product Liability

misuse, assumption of risk, and lapse of time

Product Warranty

A manufacturer's guarantee ensuring the quality of its products

Express Warranty

a written explanation of the producer's responsibilities in the event that a product is found to be defective or otherwise unsatisfactory

Market Share Liability

A theory of product liability under which a court can hold each manufacturer of a harmful product responsible for a percentage of a plaintiff's damages that is equal to the percentage of its market share.

Intellectual Property

things you create are your intellectual property, can be an idea or thought

Trademarks

words, symbols, names or devices used to specify goods and to differentiate them from others

Trade Dress

the image and overall appearance of a product

Copyright

the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Fair-Use Doctrine

Allows a user to make a copy of all or part of a work within specific parameters of usage, even if permission has not been granted.

Patent

protects products, processes, inventions, machines, etc

Trade Secrets

a process, or method of operation of information that gives one an advantage over competitors (secret recipes)

Contract

a binding agreement between two or more persons that is enforceable by law

Objective Theory of Contracts

base of contract depends on parties actual intent, interpreted how a reasonable person would

Bilateral Contract

promise for a promise

Unilateral Contract

promise in exchange for an act

Express Contract

A contract in which the terms of the agreement are stated in words, oral or written.

Implied Contract

A contract formed in whole or in part from the conduct of the parties.

Valid Contract

A contract that results when elements necessary for contract formation (agreement, consideration, legal purpose, and contractual capacity) are present.

Voidable Contract

A contract that may be legally avoided at the option of one or both of the parties.

Formal Contract

A contract that by law requires a specific form, such as being executed under seal, to be valid.

Informal Contract

A contract that does not require a specified form or formality in order to be valid.

Plain-Meaning RUle

A rule of interpretation which states that words in a contract should be given their ordinary meaning.

Elements of an Offer

1. Intent (must have serious intent to do something that was said they would do)

2. Definite / Certain Terms (everything should be included like price, date, services, etc)

3. Communication to Offeree (offer must be communicated)

Termination of an Offer

backing out of an offer, can reject an offer, death or incapacity, lapse of time

Acceptance of an Offer

1. manifestation of intent, acceptance of definite terms, and communication to offeror

Consideration

considering all sides, what your promised and what you'll get out of a contract

Promissory Estoppel

occurs when one party makes a promise, other party believes reliability, and the promise is enforced

Illusory Promise

not a real promise, no obligation, “if I feel like it”

Past Consideration

Something given or some act done in the past, which cannot ordinarily be consideration for a later bargain.

Preexisting Duty

promise to do what one already has a legal duty to do does not constitute legally sufficient consideration

Liquidated Debt

A debt that is due and certain in amount.

Unliquidated Debt

A debt that is uncertain in amount.

Capacity

the mental ability to understand the rights or obligations under a contract

Minors and Contracts

Minors can void contracts except for necessities.

Types of Incapacitities

infancy, insanity, and intoxication are all voidable

Illegal Contracts

Contracts for actions that violate the law are not enforceable

Licencsing Statutes

some professions are required obtaining licenses (cosmetologists, teachers, etc)

Convenance not to compete

part of a contract that's signed stating that if you choose to leave, you cannot take clients away from doing business with that company

Exculpatory Clauses

release a party from liability in the event of monetary or physical injury no matter who is at fault