BUSA 2106 3rd EditionFINAL EXAM Study Guide Lectures: 5, 11, 16 - 18Chapter 5: Torts and Cyber TortsTortsWhat is a tort?Torts are categorized by intent- Fault-Based Liability if Intentional Torts Negligent Torts- Strict Liability TortsIntentional Torts against the PersonAssault - ElementsBattery- Elements- Transferred intent- “Eggshell plaintiff” Defenses to Assault and BatteryFalse Imprisonment- ElementsIntentional Infliction of Emotional Distress- ElementsDefamation of character- Elements- Libel v slander - Defenses- Public figures Invasion of Privacy- FormsShoplifting Problem- Shopkeeper’s Privilege StatutesBusiness TortsSelected Torts- Fraudulent Misrepresentation- Intentional interference with contractual relations- Wrongful Interference with Business RelationshipFrivolous Litigation as a Tort- Abuse of process- Malicious prosecutionIntentional Torts against PropertyTrespass to LandNuisance- Public nuisance- Private NuisanceTrespass to Personal PropertyConversion of Personal PropertyDisparagement of Property- Defamation about a product or propertyUnintentional Torts: NegligenceFault-based tort- Failure to exercise the care that a “reasonable person” would use in the same circumstances- Objective standardElements of Negligence:- Duty - Breach - Causation- Injury or HarmDuty 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 dangersBreach of Duty- Defendant’s conduct failed to comply with the appropriate standard of careCausation- Cause-in-Fact (actual cause)- Proximate Cause (legal cause) Considerations:Defenses against Negligence- Assumption of risk- Superseding cause - Contributory and Comparative negligenceSpecial 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 LawsStrict Liability in Tort- Abnormally Dangerous ActivitiesCyber-Torts- Online defamation- Cyber-bullyingRemediesCompensatory Damages- Damages that attempt to make P “whole” Special Damages General DamagesPunitive Damages- When available? - Purpose? - Limited by Due Process ClauseChapter 11: Sales, Leases, and Product LiabilityProduct LiabilityProduct Liability: Legal Theories- Torts - Contract - Strict Liability for Defective Products Tort Liability Based on FaultNegligence: Failure to exercise due care- Duty?- Negligence can be based on  Design or manufacture  Testing and quality control  Warnings or instructions- Privity not requiredMisrepresentation: - Fraud (Intentional) and - Innocent MisrepresentationProduct 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 PurposeExpress 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 FaultBasic 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  FactorsMarket-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 ReposeDamages 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 casesChapter 16: AgencyCharacteristics of an Agency RelationshipAgency Law and Employment- Employer-Employee Relationship - Employer-Independent Contractor Characteristics of independent contracts Legal significance of statusCreating an Agency Relationship- By agreement Express Implied- By ratification - By estoppel- By operation of lawDuties - Fiduciary duties of Agent to Principal  Basic duties Duty of Loyalty: Prohibits Agent from- Duties of Principal to AgentAgent’s Authority- Express authority- Implied authority - Apparent AuthorityLiability 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 ContractorTermination of Agency RelationshipChapter 17: Employment, Immigration, and Labor LawEmployment at Will- Employees subject to EAW doctrineLimitations 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