Legal Environment of Business March 17 2014 Performance Reasonable person or objective analysis Personal service contract when the person has a unique skill that is done close to like no other Concurrent parties do what they are supposed to and do it at the same time o Condition subsequent parties have a contract that requires until a certain event happens o Condition presiquent no duty until that event occurs Courts try to construct a remedy that is monetary based to give to the victim 1 Compensatory damages what does it take the monetarily to make the damaged to be 2 okay Liquidated damages contracts sets a remedy Court honor integrity of the contract and make a remedy 3 Punitive damages punish and penalize Not awardable in contract law awarded in law Equitable remedies CHAPTER 4 TORT Duty of litigation when one party violates the contract the other party has to act as a reasonable person and take reasonable steps so there monetary does not aggregate TORT Compensation law civil non contraction wrongful act that results in physical injury to a person damage to personal property or damage to real property There are 5 kinds of tort NOT 3 o Intentional tort done on purpose willful act o Strict liability certain types of activity that are ultra hazardous and if somebody is harmed there is automatic liability of the party harming whoever they harm o Theory of negligence a wrong doer who doesn t report themselves in the standard of society card accidents for example o Tort of strict product liability It is only applicable to people that are in the business of making or selling or distributing hazardous products If the product has a defect and someone is harmed there is liability o No fault we don t key into who is right or wrong All that happens is that there is a law There is a payout Like insurance Intentional Tort Assault wrongdoer purposely and willfully causes the victim fear and apprehension that victim is going to be harmed immediately Battery improper physical contact with another person Infliction of mental distress causes emotional or psychological trauma Invasion of privacy intrusion upon a person s solitude Somewhere where you expect privacy can also be electronically Appropriation of a person s name or likeness for financial gain PART 2 Intentional Tort Only a police officer can arrest for a misdemeanor they must also see it Even if they are a thief you don t have the right to act as if you are the police Ohio has a modified defense Shop as statue as a worker if you suspect a thief you can briefly stop them momentarily and summon the police make a determination Malicious Prosecution not false arrest providing the police with false information Trespass someone enters or remains on someone s real property Conversion take possession of someone s personal property without consent and keep o Loan a laptop and they don t give it back Defamation oral spoken known as slander written known as libel o Public figure celebrity o Private citizen more protection than a public figure or public official Fraud intentional misrepresentation of a fact by entering into a contract Unless you are in your home or in your car you have a duty to retreat We are not a stand your ground state o We have a castle doctrine if somebody intrudes your castle home car and you believe you are in imminent damages or your loved ones you can use deadly force o Trademark infringement o Patent infringement patent process is recognized by the constitution Creates a new Business Tort process or item
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