Podcast
Questions and Answers
What are the two types of law that can enforce legal liability?
What are the two types of law that can enforce legal liability?
- Administrative and constitutional law
- Contract and tort law
- Civil and criminal law (correct)
- International and domestic law
Which of the following is NOT an area of law that can give rise to liability?
Which of the following is NOT an area of law that can give rise to liability?
- Contracts
- Immigration law (correct)
- Taxes
- Criminal law
What are the theories of liability mentioned in the text?
What are the theories of liability mentioned in the text?
- Breach of contract, negligence, strict liability, or intentional conduct.
- Breach of contract, negligence, or intentional conduct.
- Breach of contract, negligence, negligence per se, or intentional conduct.
- Breach of contract, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct. (correct)
What must a claimant prove before liability can be established?
What must a claimant prove before liability can be established?
What is limited liability?
What is limited liability?
What is product liability?
What is product liability?
What is vicarious liability?
What is vicarious liability?
What is respondeat superior?
What is respondeat superior?
When is an employer liable for the actions of an employee?
When is an employer liable for the actions of an employee?
Flashcards
Types of law enforcing liability?
Types of law enforcing liability?
Civil law and criminal law.
Breach of contract
Breach of contract
A failure to adhere to the terms of a valid agreement.
Negligence
Negligence
Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.
Limited liability
Limited liability
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Product liability
Product liability
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Vicarious liability
Vicarious liability
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Respondeat superior
Respondeat superior
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Employer liability
Employer liability
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Study Notes
Overview of Legal Liability
- Legal liability can be enforced by either civil law or criminal law.
- Liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies.
- Theories of liability include breach of contract, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct.
- Each theory of liability has certain conditions or elements that must be proven by the claimant before liability will be established.
- Limited liability is a method of protection included in some business formations that shields its owners from certain types of liability and that amount a given owner will be liable for.
- Sole proprietorships and partnerships do not include limited liability.
- Product liability governs civil lawsuits between a plaintiff and defendant who furnishes defective goods that caused loss or injury.
- There is a form of liability that exists between employers and their employees called vicarious liability.
- Respondeat superior is a legal principle that dictates when an employer is responsible for the actions of an employee.
- An employer may be held liable for the actions of an employee if it is unlawful, or the employee's negligent actions while working cause damages to property or injury.
- An agent is a person who has the power to act on behalf of another party, and usually, a principal is liable for a contract made by the agent if the agent had actual or apparent authority to make the contract.
- Economists use the term "legal liability" to describe the legal-bound obligation to pay debts.
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