BUSA 2106 3rd Edition FINAL EXAM Study Guide Lectures 5 11 16 18 Chapter 5 Torts and Cyber Torts Torts What is a tort Torts are categorized by intent Fault Based Liability if Intentional Torts Negligent Torts Strict Liability Torts Intentional Torts against the Person Assault Elements Battery Elements Transferred intent Eggshell plaintiff Defenses to Assault and Battery False Imprisonment Elements Intentional Infliction of Emotional Distress Elements Defamation of character Elements Libel v slander Defenses Public figures Invasion of Privacy Forms Shoplifting Problem Shopkeeper s Privilege Statutes Business Torts Selected Torts Fraudulent Misrepresentation Intentional interference with contractual relations Wrongful Interference with Business Relationship Frivolous Litigation as a Tort Abuse of process Malicious prosecution Intentional Torts against Property Trespass to Land Nuisance Public nuisance Private Nuisance Trespass to Personal Property Conversion of Personal Property Disparagement of Property Defamation about a product or property Unintentional Torts Negligence Fault based tort Failure to exercise the care that a reasonable person would use in the same circumstances Objective standard Elements of Negligence Duty Breach Causation Injury or Harm Duty to use due care Standard of care Objective standard Duty in an emergency Duty to rescue Duties and Liabilities of Landowners Duty to Trespasser Duty to Licensee Ordinary care to warn of known dangers Duty to Invitees Reasonable care to protect from known dangers Breach of Duty Defendant s conduct failed to comply with the appropriate standard of care Causation Cause in Fact actual cause Proximate Cause legal cause Considerations Defenses against Negligence Assumption of risk Superseding cause Contributory and Comparative negligence Special Negligence Doctrines Res Ipsa Loquitur the thing speaks for itself Negligence per se Danger Invites Rescue Special Negligence Statutes Good Samaritan Laws Dram Shop Acts Social Host Liability Laws Strict Liability in Tort Abnormally Dangerous Activities Cyber Torts Online defamation Cyber bullying Remedies Compensatory Damages Damages that attempt to make P whole Special Damages General Damages Punitive Damages When available Purpose Limited by Due Process Clause Chapter 11 Sales Leases and Product Liability Product Liability Product Liability Legal Theories Torts Contract Strict Liability for Defective Products Tort Liability Based on Fault Negligence Failure to exercise due care Duty Negligence can be based on Design or manufacture Testing and quality control Warnings or instructions Privity not required Misrepresentation Fraud Intentional and Innocent Misrepresentation Product Liability Based on Contracts Warranties Types of Warranties Title Warranty Quality Warranties Express Warranty Implied Warranty of Merchantability Implied Warranty of Fitness for a Particular Purpose Express Warranties What does this warranty guarantee What can create an express warranty Why don t opinions create express warranties Implied Warranty of Merchantability What does this warranty guarantee What sellers extend this warranty How does it apply to food and drink cases Implied warranty of fitness for a particular purpose What does this warranty guarantee and what sellers can extend it What defense can sellers raise Limiting Liability Avoid making express warranties Disclaim quality warranties Limit remedies to When are disclaimers unconscionable and hence unenforceable Strict Product Liability Liability without Fault Basic Rules Liability is imposed regardless of fault Who can be liable Section 402A of the Restatement Second of Torts in most states Elements of a 402A claim How does Restatement Third change the standard for design defects Types of Defects Defective Manufacture Defective Design Factors considered by the courts Crashworthiness Doctrine The Risk Benefit Test or Consumer Expectation Test Defective Packaging Failure to Warn Factors Market Share Liability for Product Defect Public Policy Issue Defenses to Strict Liability Preemption by Government Regulations Assumption of Risk Unforeseeable Product Misus Comparative Fault Commonly Known Danger Knowledgeable User Supervening Event Examples Statutes of Limitation Statutes of Repose Damages for Strict Products liability Compensatory Damages Punitive Damages Equitable Relief in rare cases Georgia Punitive Damages Statute and Product Liability Purpose Standard of proof Limits on awards Product liability cases Other tort cases Chapter 16 Agency Characteristics of an Agency Relationship Agency Law and Employment Employer Employee Relationship Employer Independent Contractor Characteristics of independent contracts Legal significance of status Creating an Agency Relationship By agreement Express Implied By ratification By estoppel By operation of law Duties Fiduciary duties of Agent to Principal Basic duties Duty of Loyalty Prohibits Agent from Duties of Principal to Agent Agent s Authority Express authority Implied authority Apparent Authority Liability of Principal and Agent Contractual liability to third parties Principal s liability Agent s Liability Liability for negligent torts Agent s liability Principal s liability Direct liability Vicarious or indirect liability Respondeat Superior Defining Scope of Employment Frolic and Detour Coming and Going rules Principal s Vicarious Liability for Intentional Torts by Agent Independent Contractor Termination of Agency Relationship Chapter 17 Employment Immigration and Labor Law Employment at Will Employees subject to EAW doctrine Limitations on discharge of At Will Employees Contractual limitations Express Contracts Collective Bargaining Agreements Implied Contracts Handbooks Statutory limitations Public employee statutes Whistleblower protection statutes Employment discrimination statutes Protections for National Guard and Reserves Public Policy limitations available in some states Other Employment Issues Wage and Hours Fair Labor Standards Act FLSA Regulates child labor FLSA and Minimum Wage FLSA and Overtime Laws Worker Safety OSHA Promotes safety in the workplace Inspections Worker Safety State Workers Compensation Laws Purpose Exclusions No Fault System Coverage Income Security and Health Plans Social Security 1935 Purpose Provisions Medicare Purpose Provisions Private Pensions and ERISA 1974 Purpose Provisions Unemployment Compensation Purpose Eligibility for benefits COBRA 1986 Purpose Basic coverage