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MGT2106 – Exam 1 Notes (Law, Ethics, Contracts, Torts, and Constitutional Frameworks)

I. Law and Ethics as a Foundation for Business

  • Origins of law, ethical systems, and schools of jurisprudence

    • What is Law

    • Rules that govern the relationship between and among entities (individuals, corporations, etc.) and their society, and are established by the state and backed up by enforcement

    • Internationally, law governs rights and disputes between countries, including amongst and between entities of those countries

    • Importance of law

    • Law is the most significant social force; it holds together diverse peoples of different backgrounds

    • Adequate enforcement institutions are necessary to maintain order in society

    • There are no countries with strong, diverse economies that do not have the rule of law

    • Business relies on the rule of law

    • Example: would you be comfortable entering a business deal if you knew the contract could not be adequately enforced? Drug dealers and buyers cannot rely on the rule of law, so they enforce deals by force/might

    • Origins of law

    • Religion (e.g., “Thou shall not kill”)

    • Customs

    • History (prior laws and decisions)

    • Logic ("What if everyone did that?" – would the result be good?)

    • Wickard v. Filburn – the court asks: what if every farmer grew more wheat?

    • Ethical Systems

    • Formalism – affirms an absolute morality; a particular act is right or wrong, always and in every situation (e.g., lying is always wrong)

    • Consequentialism – considers the consequences of actions; lying may be not wrong in some situations

    • Utilitarianism – dominant form of consequentialism – the right action maximizes overall happiness or utility (e.g., Spock’s line: "The needs of the many outweigh the needs of the few or the one.")

    • Tension – Formalism (traditional) vs consequentialism (sociological)

    • Should laws be followed as written, adapted to social change, or interpreted for practicality?

    • Judicial activism – when judges come up with a rule, are they “legislating from the bench” or merely “interpreting the law”?

    • Example – infringement

    • Doctrine of equivalents: a device that performs substantially the same function in substantially the same way to achieve the same result infringes the claims of a patent

    • Or: interpreted to include literal infringement plus infringement under the doctrine of equivalents

    • Schools of Jurisprudence

    • Jurisprudence is the philosophy of law

    • “Natural law” – law reflects universal moral principles

    • “Positive law” – commands of the state backed up by enforcement; contrary to natural law

    • “Sociological” – law can and should evolve to meet new developments in society

    • “Historical” – contemporary law should focus on enduring legal principles; different nations have different laws and traditions

    • “Legal realism” – look beyond words of law to what police, administrators, prosecutors, and judges are actually doing in enforcing, interpreting, and applying laws

    • Corporate governance and ethics

    • Corporate governance defines the legal relationships between corporate agents and shareholders; protects owners’ interests; applies to legal relationships with customers and society; prevents misuse of resources by leaders

    • Ethical governance builds trust with employees, investors, and customers

    • Consequentialist Ethics: Stakeholder Theory

      • Ethical corporate behavior depends on managers who consider all affected stakeholders

      • The risk of corporate harm to all stakeholders should be actively reduced

      • Clear, accessible communication with stakeholders is essential; stakeholders should be able to communicate with decision makers

      • Lack of transparency hinders ethical decision-making

      • Business decisions impact society and cannot be separated from consequences

      • Following the law should be a minimum because: the law is not always adequately informed and sometimes moves too slowly to adapt to new information or technology

    • Promoting corporate integrity can help limit further governmental regulation

    • Morality and Good

    • Certain professions have long traditions of codes of ethical conduct

      • Bar Rules for attorneys; Hippocratic Oath for doctors

      • Corporate policy

      • Ethical codes of organizations are a form of self-regulation

    • Classifications of law

    • (These categories are not mutually exclusive; a matter can be public law and criminal law, e.g., US government prosecuting for trafficking marijuana)

    • Common law vs Civil law

      • Common Law (often called “judge-made law”): rooted in English common law; advantages include precedent and stare decisis; disadvantages include multiple/ conflicting precedents, rejection of precedent, and conflict of laws

      • Civil Law: relies more on legislation and codes; advantages include predictability, faster and cheaper litigation, neutral judiciary, and easier interpretation; disadvantages include rigidity, slower legal change, limited precedent development, and complex codifications

    • The U.S. relies primarily on common law but incorporates elements of civil law (codified statutes, uniform codes, and Louisiana’s Napoleonic Code)

    • Substantive Law v. Procedural Law

    • Substantive – defines the legal relationship of people with other people or with the state (e.g., what is a criminal act, or civil tort claim)

    • Procedural – focuses on the method and means by which substantive law is made and administered (e.g., whether proper procedure was followed)

    • Public law v. Private law

    • Public law addresses the relationship between persons and their government (e.g., Constitutional law, Administrative law, Criminal law)

    • Private law addresses interactions between persons (e.g., Property law, Contract law, Tort law)

    • Civil Law v. Criminal Law

    • (Note: this section clarifies that “civil law” here is not the same as “civil law” in civil law vs. common law; examples include crimes against the public such as burglary, rape, murder, speeding)

II. The US Constitution: Federalism, Separation of Powers

  • Founding framework

    • The U.S. Constitution resulted from a convention with 55 delegates from the STATES to address weaknesses of the Articles of Confederation

    • Created a national, federal government with 3 branches

  • Federalism

    • Federalism divides powers between central and regional governments, allowing each level to govern its own affairs while sharing authority

    • In a federal system, power is shared between central and local authorities; power is delegated or retained by the states per the Constitution

    • If power is delegated, federal law may preempt state law when they cannot coexist

    • The U.S. Constitution is the “supreme law of the land”

  • Constitutional framework for federal government

    • Separation of Powers: legislative, executive, judicial

    • Checks and Balances among the three branches

    • Federalism: federal government vs. states

    • Individual rights: government vs. people

  • Separation of Powers and Checks and Balances (examples)

    • The President vetoes a bill; Congress can override the veto

    • The President does not enforce laws as written or follow court decisions in certain contexts

    • The Supreme Court can declare a president’s executive order unconstitutional or declare a federal/state law unconstitutional

    • Congress can codify a rule counter to a court’s interpretation

    • The President appoints Federal Judges, with Senate approval

  • State and Local Governments

    • State level: Executive (Governor), Legislative (State Congress), Judicial (State Courts)

    • Checks and Balances at state level

    • State laws can codify common law rules via legislation, potentially broadening, narrowing, or overruling judge-made law

    • Historical example: Congress overruled common law sovereign immunity with the Federal Tort Claims Act (1946), allowing lawsuits against the federal government in many cases

  • Georgia-specific context (illustrative)

    • State courts include: State Courts, Juvenile Courts, Magistrate Courts, Probate Courts, Municipal Courts, Superior Courts, etc.

    • Georgia Criminal Classifications (illustrative):

    • Misdemeanor: Up to 12 months jail; max fine 1{,}000

    • High and aggravated misdemeanor: Up to 12 months jail; max fine 5{,}000

    • Felony: Minimum sentence of 1 year

    • Examples of local court structures: State Court of Fulton County; Juvenile Courts; Magistrate Courts (no trials; minor matters); Probate Courts; Municipal Courts; Superior Courts

    • On U.S. constitutional matters, state courts must follow U.S. Supreme Court rulings

    • Link reference: https://jcaoc.georgiacourts.gov/…

III. Judicial Branch and Judiciary (structure)

  • Basic Judicial Principles

    • Common Law – “judge-made” law

    • Legislatures often codify common law into criminal statutes, business statutes, local ordinances, etc.

    • Change to common law typically requires legislative action or a change in the rule (not a mere new ruling)

    • Primary vs Secondary Authorities

    • Mandatory vs Persuasive Authority

    • Precedent and Stare Decisis

    • Precedent: prior cases with similar legal principles exist; governs decisions in similar cases

    • Stare Decisis: courts decide new cases based on former rules

    • Plurality opinions can create guidance gaps (e.g., 5-4 decisions with different rationales)

  • Federal Courts

    • Article III of the Constitution: The judicial Power of the United States is vested in one Supreme Court and in such inferior Courts as Congress may ordain and establish

    • The Supreme Court is the only court created by the Constitution; all others created by Congress

    • Federal District Courts

    • Serve as federal trial courts with original jurisdiction; hear civil and criminal matters

    • Federal Judges are Appointed by the President, approved by the Senate; they can be removed by impeachment; salaries set by Congress

    • Each state has federal districts; e.g., Georgia has 3 federal district courts (Northern District of Georgia)

      • Divisions within districts: e.g., Rome, Gainesville, Newnan, Atlanta

    • Jurisdiction types

      • Original Jurisdiction: authority to hear a case first (trial level)

      • Appellate Jurisdiction: authority to review decisions appealed from lower courts

      • Concurrent Jurisdiction: power shared by federal and state courts for certain cases

      • Exclusive Jurisdiction: some matters fall only to federal courts (e.g., patents)

    • Jurisdiction requirements for federal courts

      • Federal Question: involves Constitution or federal laws, controversies between states, suits involving the federal government, or treaties/diplomats/foreign governments

      • Most contract, accident, and injury cases are state issues unless a federal law is implicated

      • Diversity Jurisdiction: plaintiffs and defendants from different states; amount in controversy over 75{,}000

      • A corporation is a citizen of both the state of its principal place of business and the state of incorporation

      • All plaintiffs must be diverse from all defendants; multi-claim cases must satisfy jurisdictional amount per claim

      • Cases can be STATE issues, with federal courts applying state law in deciding

      • Example exercise: Jack Wilkins vs. Kansas Department of Labor (illustrative)

    • Federal Courts of Appeals

    • Circuit Courts hear appeals from federal district courts and other trial courts

    • May uphold, reverse, or remand decisions

    • Circuits: typically one appellate court per geographical circuit; specialty circuits exist (e.g., DC Circuit; Federal Circuit)

    • Almost all cases heard by a panel of 3 judges; very important cases may be heard en banc by all judges

    • Examples: diversity-case path via 11th Circuit to Supreme Court; patent-case path via CAFC to Supreme Court

    • United States Supreme Court

    • Has both original and appellate jurisdiction

    • Original jurisdiction in cases affecting ambassadors/public ministers/consuls and where a State is a party

    • Appellate jurisdiction in all other cases

    • Composed of 9 Justices

    • Does not have to hear every case (certiorari is discretionary)

  • State Courts (illustrative framework)

    • State courts at trial, appellate, and a highest court (state supreme court; NY calls it the Court of Appeals)

    • Georgia example of court structure and classifications

    • On U.S. Constitutional matters, state courts must follow U.S. Supreme Court rulings

  • Links/notes

    • https://www.law.cornell.edu/wex/federalism

    • Emphasizes that federal preemption and Dormant Commerce Clause concepts limit states’ regulatory power when interfering with interstate commerce

IV. Congress and Federal Legislation

  • Constitutional authority and restraints on Congress

    • Articles and amendments to the U.S. Constitution provide authority and restraint on the legislative branch (e.g., Congress)

    • Key powers/limits include Commerce Clause, Freedom of Speech, Takings Clause, Due Process and Equal Protection

  • Congressional Authority

    • Limited powers; some powers include:

    • Regulation of Commerce Between the States (Commerce Clause)

      • Regulation of foreign commerce: states may regulate activities entirely within a state's boundaries

      • Regulation of interstate commerce: states cannot impede interstate commerce as decided by the Supreme Court

      • Impact on interstate commerce: activity can occur within a state, but Congress can regulate activities affecting interstate commerce (Wickard v. Filburn; U.S. v. Lopez for contrast)

      • Dormant Commerce Clause (Dormant or Dormant Commerce Clause): state laws may not infringe on interstate commerce; cannot unduly burden interstate commerce; cannot discriminate against interstate commerce (examples: Raymond v. Rice; Dean Milk Co. v. City of Madison)

    • Bill of Rights and Amendments – restrict what the government cannot do

  • First Amendment – Freedom of Speech

    • Protects corporations and individuals; protects speaker and listener

    • Government can regulate commercial speech only when a state interest is at stake (e.g., safety warnings; defamation – Libel as a tort)

  • Fifth Amendment – Takings Clause

    • What is a taking? Physical taking vs regulatory taking (Lucas standard)

    • Public use and Kelo v. City of New London – government can take property for public use if benefits to community (jobs, tax revenue, revitalization) justify taking

  • Due Process and Equal Protection (14th Amendment)

    • Prohibits arbitrary, capricious, or unreasonable government action

    • Incorporation doctrine: due process clause has been used to apply Bill of Rights provisions to the states (e.g., 4th Amendment search and seizure; 5th Amendment takings clause)

    • Procedural due process involves questions of proper notice and hearing

  • Public law and private law in regulatory context

    • (Note: this subsection reiterates the relationship between constitutional principles and statutory regulation)

V. Administrative Agency rule-making

  • Administrative agencies: executive or legislative branches

    • Congress delegates authority and funds many agencies (e.g., IRS for tax, SEC for securities, USPTO for patent/trademark)

    • Agencies implement the law rather than create it; in implementation they can promulgate rules (quasi-legislative function)

    • Some agencies have their own courts for disputes (e.g., Patent Trial and Appeals Board) – quasi-judicial function

  • Congressional Agencies (Arms of Congress)

    • Part of the Legislative Branch; operate under congressional authority; do not report to the president and are not involved in enforcing executive branch laws

  • Judicial review of administrative agencies

    • Exhaustion of remedies: courts will review administrative actions only after a party has exhausted all administrative remedies; review is available only for final agency actions

    • Primary jurisdiction: court defers to agency on issues within agency's expertise; court process may be suspended pending agency views

VI. Contracts

  • Introduction

    • A contract is a legally enforceable promise; law provides a remedy for breach; legal obligations arise from contracts

    • Not all promises are enforceable; central to political, economic, and social life; performs economic functions (encourages trade, reduces transaction costs, enables planning and risk allocation)

  • Sources of contract law

    • Common law

    • Restatement of Contracts (Second)

    • Uniform Commercial Code (UCC)

    • Model law regarding contracts drafted by the American Law Institute (ALI) & Uniform Law Commission

    • Some version adopted in all U.S. states; aims for uniformity in contract law for goods

    • Article 2 – covers the sale of goods; goods are tangible, movable personal property

  • Offer, Acceptance, Consideration

    • Bilateral vs Unilateral Agreements

    • Bilateral: mutual promises; most business contracts

    • Unilateral: one-sided promise requiring performance (e.g., reward for finding a lost item)

  • Elements of valid and enforceable contracts

    • Main requirements: Offer, Acceptance, and Consideration

    • Other requirements: capacity (minors; intoxication); legality of subject matter; mutual assent (no fraud, duress, etc.)

    • Offer

    • Manifestation of willingness to enter into a bargain

    • Key elements: communication to the offeree; definiteness of terms; duration of offer (revocation, lapse, death/insanity/destruction)

    • Example: an offer to sell a car ends if the car is destroyed before acceptance

    • Acceptance

    • Acceptance is assent in the manner invited/required by the offeror

    • Can be by promise (bilateral) or performance (unilateral)

    • Generally, silence or failure to reject is not acceptance

    • Rejection and counteroffers

    • Mirror image rule: acceptance must exactly match the offer; rejection ends the offer

    • Counteroffer = rejection + new offer; redlining a contract = rejection

  • Consideration

    • Courts only enforce contracts supported by consideration

    • Not limited to money; can include a promise to do something or to refrain from doing something

    • The amount is generally irrelevant but must be bargained for

    • Mere offer to promise is not enforceable (with exceptions like promissory estoppel)

    • Promissory estoppel (elements):

    • Clear and definite promise

    • Reasonable expectation of reliance

    • Actual, reasonable, and detrimental reliance

    • Injustice avoided only by enforcement

    • Hamer v. Sidway – consideration can be an act or forbearance (e.g., giving up drinking, gambling) even if not legally required

  • Statute of Frauds

    • Certain contracts must be in writing to be enforceable

    • Examples: contracts involving land (part performance exception), collateral for a loan, contracts not performable within one year, contracts for sale of goods $500+ (UCC)

    • Handwritten agreements count as “in writing”

    • Uniform Electronic Transactions Act (UETA)

    • Contracts can be formed electronically; drafted in 1999; adopted by most states

    • Validates electronic records and signatures; e-signatures/records are valid if linked to the person

  • Fraud and Misrepresentation

    • Elements: false representation of a material fact; knowledge of falsity or reckless disregard for the truth; intent to induce reliance; actual and reasonable reliance; damages

    • Example: a home seller lied about mold

  • Contract enforceability terminology

    • Valid contract – properly formed under law

    • Enforceable contract – valid contract that can be enforced in court

    • Unenforceable contract – valid contract that courts will not enforce due to a flaw (e.g., oral land sale under the Statute of Frauds)

    • Void contract – not valid from the outset (e.g., illegal purpose; incompetency)

    • Voidable contract – valid and enforceable until rescinded by the party with the right to void

  • Performance and breaches

    • Duty of performance – obligation to perform as promised

    • Substantial performance – less than full performance; may avoid breach or entitle partial recovery

    • Discharged – relieved from further obligation

  • Remedies for breach of contract

    • Damages – money damages are the most common remedy

    • Compensatory (expectation) damages – put the plaintiff in the position they would have been in if fully performed (the benefit of the bargain)

      • Example: seller fails to deliver 100 laptops for 100{,}000; buyer must buy elsewhere for 120{,}000; seller owes 20{,}000

    • Consequential damages – other economic losses due to foreseeability and knowledge; recovered if the seller knew the buyer would suffer such losses

    • Punitive damages – not available in contract disputes (except fraud)

    • Repair/replacement for defective goods

    • Liquidated damages – pre-agreed amount; valid if not a penalty

    • Equitable remedies

    • Specific performance – court orders performance (e.g., unique car; e.g., Sonny Crockett’s 1972 Ferrari 365 GTS/4 Daytona Spyder replica)

    • Injunction – stop doing something (e.g., exclusivity arrangements)

    • Rescission – undo the contract (e.g., fraud/misrepresentation cases)

    • Reformation – rewrite the contract to reflect the parties’ intent (mistake or error)

  • Typical clauses in a contract

    • Scope of work; Payment terms; IP ownership; Confidentiality; Termination; Damages; Jurisdiction & law; Statute of limitations; Assignability; Privacy; Warranty; Warranties; etc.

  • Warranties

    • Express warranty – explicit statements about goods’ characteristics or performance; can be oral or written; strict compliance required; entire agreement clauses help prevent disputes

    • Implied warranties

    • Merchantability – seller is a merchant of the goods; goods must be fit for ordinary use

    • Fitness for a particular purpose – seller knows buyer’s particular purpose; buyer relies on seller’s recommendations

    • Title and Against Infringement – seller guarantees clear title, free from third-party claims

    • Implied warranties can be disclaimed under certain conditions

    • “As is” disclaimers must be conspicuous and clear

    • UCC ext{§ } 2-313 generally prohibits disclaimer of express warranties; disclaimers must be conspicuous and specific

    • Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312)

    • Applies to written warranties on consumer products

    • A “full warranty” prohibits disclaiming implied warranties (merchantability, fitness for a particular purpose)

    • State law considerations

    • UCC ext{§ } 2-719(3) limits/exclusions on consequential damages for personal injury in consumer goods; some jurisdictions view such limitations as unconscionable; severability clauses may apply if the clause is not central to the agreement

  • Indemnification and insurance

    • Indemnification – seller’s responsibility to compensate for losses, liabilities, or claims arising from product/service

    • Vendor indemnification – buyer seeks indemnity for product liability, inoperability, IP infringement

    • Customer indemnification – seller indemnifies customer from losses or third-party claims

    • Corporate insurance – companies may purchase insurance to cover third-party claims

  • Torts

    • Intentional Torts

    • Intent matters: act with purpose to bring about a result, or act with knowledge that result is substantially certain to occur

    • Assault – intentional act creating reasonable fear of imminent harmful or offensive contact; next steps depend on jurisdiction (criminal vs civil definitions)

      • Distinguish modern criminal assault (attempt or fear) from civil assault definitions

    • Battery – intentional, non-consensual, harmful or offensive physical contact

      • Examples: punching, throwing objects, pulling a chair; Garratt v. Dailey (1955) case

    • Intentional Infliction of Mental Distress – outrageous conduct likely to cause severe emotional harm; plaintiff must show mental distress and physical symptoms

    • Invasion of Privacy – intrusion on private life; public disclosure of private information; contrasts with right of publicity (NIL)

    • False Imprisonment – intentional confinement of a non-consenting person; threats of force; often arises in shoplifting/security detentions

    • Malicious Prosecution – causing someone to be arrested without proper grounds (false arrest)

    • Trespass – entering another’s land without permission or failing to leave after being asked

    • Conversion – depriving owners of their property rights

    • Fraud as a Tort (versus contract fraud) – broader; may apply outside contracts; remedies include punitive damages in torts; overlap with contract fraud

    • Tortious Interference with a Contract – elements: valid contract; defendant knew; intentional interference; causation; damages; some jurisdictions add “improper means” or lack of justification; examples: raiding employees, interfering with mergers

    • Defamation – publication of untrue statements that harm reputation

      • Libel – written defamation; Slander – oral defamation; trade disparagement (injurious falsehood about business

      • Georgia elements (Smith v. Stewart, 2008): false statement; communicated to third party; fault amounting to negligence; and harm unless per se defamation

      • Per se defamation: charges crimes, contagious disorders, or injures trade/profession; different standards for public figures (actual malice) vs private individuals (negligence)

    • Negligence Torts

    • Key elements: Duty, Breach, Causation (actual and proximate), Damages

    • Duty of Care

      • Existence of duty depends on relationship or activity; professional duties (doctors, lawyers) require standards of care

      • Special business relationships create a duty to act (e.g., bank-customer, hotel-guest)

      • Conduct or activity can create a duty (driving a car imposes duty to operate with reasonable care)

      • Malpractice – doctors owe duty of care; lawyers owe duty of competence and loyalty

    • Breach – conduct falls below a reasonable standard of care

      • Reasonable person standard is objective

      • Professional standards (e.g., reasonable doctor/engineer) apply

      • Georgia: OCGA 9-11-9.1 requires affidavit of merit in medical malpractice suits

    • Causation

      • Actual causation (but-for): injury would not have occurred but for defendant’s conduct

      • Proximate/Legal causation (foreseeability or substantial factor test)

      • Illustrative cases: Palsgraf (railway workers’ actions and nearby fireworks), etc.

    • Damages

      • Actions typically require physical injury to person or property

      • Types: general damages (pain and suffering), special damages (medical expenses, lost wages), property damage; punitive damages may apply in exceptional cases

      • Mitigation – plaintiff must take reasonable steps to reduce damages

    • Affirmative Defenses to Negligence

      • Assumption of risk – plaintiff voluntarily accepts a known risk (e.g., skydiver waivers)

      • Contributory negligence – complete bar to recovery in jurisdictions that follow it

      • Comparative negligence – apportion damages by fault; variations include pure comparative and partial/moderate comparative approaches

      • Georgia follows modified comparative negligence under OCGA 51-12-33(g)

    • Strict Liability in Tort

    • doctrine imposing liability regardless of intent or fault for injury related to certain activities or products

    • Common contexts: abnormally dangerous (ultrahazardous) activities, dangerous animals, storage of large quantities of liquids

    • Dram Shop Acts – bar/establishments liable for harm caused by intoxicated patrons

    • Common Carriers – public transport may be strictly liable under certain statutes

    • Product Liability – Strict Products Liability: seller liable for a defective or unreasonably dangerous product causing injury even with reasonable care

      • Categories: manufacturing defects, design defects, failure to warn

      • Manufacturing defects – product deviates from intended design; defective unit; not every product must be defective

      • Design defects – product as designed unsafe; courts balance risk vs utility; tests include Risk-Utility and Consumer Expectations

      • Risk-Utility Test components: Utility of product; Risk of harm; Reasonable alternative design (availability of safer substitute); Manufacturer’s ability to reduce risk; Consumer awareness of risk; Foreseeability of misuse; State of the art; Comparative costs/benefits

      • Consumer Expectations Test – is the product more dangerous than an ordinary consumer would expect?

      • Failure to Warn – products may be defective if warnings are inadequate; considerations include gravity of risk, content and clarity of warning, emphasis and user group characteristics, and whether warning is unnecessary for known dangers

      • Warnings do not always relieve a manufacturer from a safer design obligation

    • Defenses to strict liability

      • Misuse/alteration of product

      • Assumption of risk

    • Georgia Product Liability Law (OCGA § 51-1-11(b)(1)) – general framework

      • Manufacturer’s liability to any person injured by a product sold as new and not merchantable

      • Key points: applies to manufacturers, not sellers/distributors; product must be unmerchantable and unsuited for its intended use; injury must be caused by the product’s condition at the time of sale; there is a 10-year statute of repose for product liability suits

      • Exceptions to repose: disease/birth defects caused by manufacturer; willful/wanton conduct by manufacturer

      • Notable case reference: Enright v. Eli Lilly

  • II. III. IV. V. VI. VII. – Cross-cutting notes

    • The content above interweaves foundational principles with statutory frameworks, case references, and jurisdictional examples that are essential for understanding business law and compliance in the U.S.

  • Quick reference to key cases and concepts mentioned

    • Wickard v. Filburn – regulatory reach of the federal government under the Commerce Clause

    • U.S. v. Lopez – limits on federal power under the Commerce Clause (contrast to Wickard)

    • Dormant Commerce Clause – state laws limiting interstate commerce

    • Dean Milk Co. v. City of Madison – state protectionist measures and interstate commerce implications

    • Raymond v. Rice – limits on state regulation that burdens interstate commerce

    • Lucas v. South Carolina Coastal Council – takings doctrine (regulatory taking)

    • Kelo v. City of New London – public use and eminent domain with broad community benefits

    • Ces v. Smith – defamation elements and Georgia standard (Smith v. Stewart, 2008)

    • Palsgraf – proximate causation and foreseeability in torts

    • Garratt v. Dailey – intentional torts and battery

    • Hamer v. Sidway – consideration includes forbearance

    • OCGA § 9-11-9.1 – affidavit of merit in medical malpractice cases

    • OCGA § 51-12-33(g) – Georgia modified comparative negligence standard

    • OCGA § 51-1-11(b)(1) – Georgia product liability framework

    • UCC Article 2 – sales of goods; definitions of goods; offer/acceptance/consideration; warranties; remedies

  • Notes on formatting and symbols used in these notes

    • LaTeX formatting for key numbers and legal references where appropriate, e.g.: 3 branches, 55 delegates, 9 justices, 75{,}000$ dollars, 12 months, 1{,}000$ dollars, 5{,}000$ dollars, 10 years, 2-313$$ (UCC reference), and statute sections cited using standard legal notation (e.g., OCGA § 9-11-9.1, UCC § 2-313, UETA).