Podcast
Questions and Answers
In the context of intentional torts, which of the following deeply distinguishes a 'business tort' from other types of intentional torts?
In the context of intentional torts, which of the following deeply distinguishes a 'business tort' from other types of intentional torts?
- Business torts are exclusively predicated on malice aforethought, requiring proof that the defendant acted with specific intent to cause harm, a standard not applicable to other intentional torts.
- Business torts involve actions that directly result in physical harm to individuals, whereas other intentional torts primarily concern economic damages.
- Business torts are uniquely defined by their capacity to invoke strict liability standards, unlike other intentional torts that necessitate proving a breach of a specific duty of care.
- Business torts characteristically occur predominantly, if not entirely, within the domain of commercial entities, a setting less relevant for other forms of intentional torts. (correct)
In defamation law, the 'actual malice' standard applicable to public figures requires proving merely that the defendant's defamatory statement was negligently false.
In defamation law, the 'actual malice' standard applicable to public figures requires proving merely that the defendant's defamatory statement was negligently false.
False (B)
Explain the doctrine of the 'single recovery principle' in the context of tort law and detail its implications for a plaintiff seeking damages for a complex, long-term injury.
Explain the doctrine of the 'single recovery principle' in the context of tort law and detail its implications for a plaintiff seeking damages for a complex, long-term injury.
The 'single recovery principle' mandates that a court must determine all damages—past, present, and future—at one time, settling the matter completely. This implies the plaintiff bears the responsibility of projecting future medical expenses, lost wages, and pain and suffering accurately during the initial trial, as no subsequent claims for the same injury are permissible regardless of unforeseen complications or expenses.
The critical distinction between 'battery' and 'assault' lies in the element of ______; while assault necessitates apprehension of imminent harmful or offensive contact, battery requires actual contact.
The critical distinction between 'battery' and 'assault' lies in the element of ______; while assault necessitates apprehension of imminent harmful or offensive contact, battery requires actual contact.
Match the torts with the corresponding, most critical element required for a successful claim:
Match the torts with the corresponding, most critical element required for a successful claim:
Which of the following scenarios most definitively constitutes 'interference with a contract,' assuming all other elements are met?
Which of the following scenarios most definitively constitutes 'interference with a contract,' assuming all other elements are met?
Under the doctrine of 'strict liability,' a plaintiff must demonstrate the defendant's actions were both the factual and proximate cause of the harm, similar to negligence claims.
Under the doctrine of 'strict liability,' a plaintiff must demonstrate the defendant's actions were both the factual and proximate cause of the harm, similar to negligence claims.
Elaborate on the distinction between 'factual cause' and 'proximate cause' in the context of a negligence claim, and provide a hypothetical scenario illustrating a situation where factual cause exists but proximate cause does not.
Elaborate on the distinction between 'factual cause' and 'proximate cause' in the context of a negligence claim, and provide a hypothetical scenario illustrating a situation where factual cause exists but proximate cause does not.
In product liability cases predicated on negligence, a claim of ______ specifically addresses defects arising during the manufacturing process, distinct from flaws in the design or a failure to provide adequate warnings.
In product liability cases predicated on negligence, a claim of ______ specifically addresses defects arising during the manufacturing process, distinct from flaws in the design or a failure to provide adequate warnings.
Match the legal defense in tort law to its respective principle:
Match the legal defense in tort law to its respective principle:
Which statement accurately captures the legal threshold for 'intentional infliction of emotional distress'?
Which statement accurately captures the legal threshold for 'intentional infliction of emotional distress'?
Commercial exploitation, as a business tort related to privacy, occurs exclusively when a person's name or likeness is used without permission for advertising purposes.
Commercial exploitation, as a business tort related to privacy, occurs exclusively when a person's name or likeness is used without permission for advertising purposes.
Describe the 'duty of due care' owed by a landowner to invitees, and contrast it with the duty owed to trespassers, highlighting the rationale for the differing standards.
Describe the 'duty of due care' owed by a landowner to invitees, and contrast it with the duty owed to trespassers, highlighting the rationale for the differing standards.
An express warranty is created by a seller's words or actions; specifically, any ______ of fact or promise about the goods can establish such a warranty.
An express warranty is created by a seller's words or actions; specifically, any ______ of fact or promise about the goods can establish such a warranty.
Match the examples with the type of tort:
Match the examples with the type of tort:
In a jurisdiction adhering strictly to 'contributory negligence,' under what circumstances can a plaintiff recover damages?
In a jurisdiction adhering strictly to 'contributory negligence,' under what circumstances can a plaintiff recover damages?
The 'implied warranty of merchantability' applies universally to all sales of goods, regardless of the seller's status or expertise in the goods sold.
The 'implied warranty of merchantability' applies universally to all sales of goods, regardless of the seller's status or expertise in the goods sold.
Explain the requirements for disclaiming the 'implied warranty of merchantability', and detail why a seller might still face liability even with a seemingly valid disclaimer.
Explain the requirements for disclaiming the 'implied warranty of merchantability', and detail why a seller might still face liability even with a seemingly valid disclaimer.
In the context of 'negligent design,' a key element a plaintiff must demonstrate is that a ______ design existed at the time of manufacture that was both economically and technologically feasible.
In the context of 'negligent design,' a key element a plaintiff must demonstrate is that a ______ design existed at the time of manufacture that was both economically and technologically feasible.
Given each scenario, determine the extent to which punitive damages would be allowable:
Given each scenario, determine the extent to which punitive damages would be allowable:
Which of the following statements accurately describes the scope of liability exposure for a defendant engaged in 'ultrahazardous activities'?
Which of the following statements accurately describes the scope of liability exposure for a defendant engaged in 'ultrahazardous activities'?
A social host who serves alcohol to an adult can never be held liable for harm caused by the intoxicated guest in any jurisdiction.
A social host who serves alcohol to an adult can never be held liable for harm caused by the intoxicated guest in any jurisdiction.
Explain the concept of 'intrusion' as it pertains to the tort of privacy, detailing the factors courts consider when determining whether an intrusion is 'offensive to a reasonable person'.
Explain the concept of 'intrusion' as it pertains to the tort of privacy, detailing the factors courts consider when determining whether an intrusion is 'offensive to a reasonable person'.
An ______ warranty is created by the Code itself, automatically, not by any act or statement of the seller, given the seller meets certain predefined qualities such as their expertise.
An ______ warranty is created by the Code itself, automatically, not by any act or statement of the seller, given the seller meets certain predefined qualities such as their expertise.
Match this scenario with the correct cause under Product Liability law:
Match this scenario with the correct cause under Product Liability law:
What must a Public Figure show, when suing for Defamation (Libel / Slander)?
What must a Public Figure show, when suing for Defamation (Libel / Slander)?
Does intentional tort require that there was intention to harm the victim.?
Does intentional tort require that there was intention to harm the victim.?
Outline the main differences that exist between ‘Tort Law’ and ‘Criminal Law’.
Outline the main differences that exist between ‘Tort Law’ and ‘Criminal Law’.
Written defamation is known as ______.
Written defamation is known as ______.
How do tort laws primarily differ from criminal laws in terms of who prosecutes the case and where the monetary award goes?
How do tort laws primarily differ from criminal laws in terms of who prosecutes the case and where the monetary award goes?
In the context of intentional torts, what differentiates them from actions based on negligence?
In the context of intentional torts, what differentiates them from actions based on negligence?
Which scenario constitutes defamation involving a public figure, considering the specific legal standards that apply?
Which scenario constitutes defamation involving a public figure, considering the specific legal standards that apply?
What legal recourse might a business owner pursue if a competitor is actively trying to damage their reputation through false statements?
What legal recourse might a business owner pursue if a competitor is actively trying to damage their reputation through false statements?
How does the element of 'reasonable cause' affect claims of false imprisonment?
How does the element of 'reasonable cause' affect claims of false imprisonment?
In a situation where a person fears an imminent, unwanted touching but no actual contact occurs, what tort has likely been committed?
In a situation where a person fears an imminent, unwanted touching but no actual contact occurs, what tort has likely been committed?
What condition is typically necessary for a plaintiff to successfully recover damages for intentional infliction of emotional distress?
What condition is typically necessary for a plaintiff to successfully recover damages for intentional infliction of emotional distress?
What principle dictates that a court must settle all past, present, and future damages at one time in a civil suit?
What principle dictates that a court must settle all past, present, and future damages at one time in a civil suit?
For what type of conduct are punitive damages typically intended?
For what type of conduct are punitive damages typically intended?
What elements must be proven by a plaintiff to assert a claim of interference with a contract?
What elements must be proven by a plaintiff to assert a claim of interference with a contract?
What constitutes 'intrusion' in the context of privacy torts?
What constitutes 'intrusion' in the context of privacy torts?
Which of the following best describes 'commercial exploitation' as a business tort related to privacy?
Which of the following best describes 'commercial exploitation' as a business tort related to privacy?
What duty of care does a landowner owe to a trespasser?
What duty of care does a landowner owe to a trespasser?
In the context of negligence, what does 'proximate cause' primarily determine?
In the context of negligence, what does 'proximate cause' primarily determine?
Under what circumstance might a plaintiff be barred from recovery due to contributory negligence?
Under what circumstance might a plaintiff be barred from recovery due to contributory negligence?
What happens in a 'comparative negligence' jurisdiction when it's determined the plaintiff is partially responsible for their injuries?
What happens in a 'comparative negligence' jurisdiction when it's determined the plaintiff is partially responsible for their injuries?
What condition defines an activity as 'ultrahazardous' for the purposes of strict liability?
What condition defines an activity as 'ultrahazardous' for the purposes of strict liability?
What must a plaintiff generally prove to succeed in a negligence claim related to a defective product?
What must a plaintiff generally prove to succeed in a negligence claim related to a defective product?
How does an 'express warranty' typically arise in a sales transaction?
How does an 'express warranty' typically arise in a sales transaction?
Under what conditions can a seller effectively disclaim implied warranties of merchantability?
Under what conditions can a seller effectively disclaim implied warranties of merchantability?
Flashcards
Tort
Tort
A violation of a duty imposed by a civil law.
Defamation
Defamation
Making a false statement about someone, harming their reputation.
Negligence
Negligence
Failure to exercise the care that a reasonably prudent person would exercise under the same circumstances.
Interference with Contract
Interference with Contract
Signup and view all the flashcards
Fraud
Fraud
Signup and view all the flashcards
Criminal Law
Criminal Law
Signup and view all the flashcards
Tort Law
Tort Law
Signup and view all the flashcards
Negligence and Strict Liability
Negligence and Strict Liability
Signup and view all the flashcards
Libel
Libel
Signup and view all the flashcards
Slander
Slander
Signup and view all the flashcards
False Imprisonment
False Imprisonment
Signup and view all the flashcards
Battery
Battery
Signup and view all the flashcards
Assault
Assault
Signup and view all the flashcards
Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress
Signup and view all the flashcards
Compensatory Damages
Compensatory Damages
Signup and view all the flashcards
Consequential Damages
Consequential Damages
Signup and view all the flashcards
Punitive Damages
Punitive Damages
Signup and view all the flashcards
Business Torts
Business Torts
Signup and view all the flashcards
Interference with a contract
Interference with a contract
Signup and view all the flashcards
Intrusion
Intrusion
Signup and view all the flashcards
Commercial Exploitation
Commercial Exploitation
Signup and view all the flashcards
Duty of Due Care
Duty of Due Care
Signup and view all the flashcards
Factual Cause
Factual Cause
Signup and view all the flashcards
Proximate Cause
Proximate Cause
Signup and view all the flashcards
Damages
Damages
Signup and view all the flashcards
Assumption of the Risk
Assumption of the Risk
Signup and view all the flashcards
Contributory Negligence
Contributory Negligence
Signup and view all the flashcards
Comparative Negligence
Comparative Negligence
Signup and view all the flashcards
Ultrahazardous Activities
Ultrahazardous Activities
Signup and view all the flashcards
Warranty
Warranty
Signup and view all the flashcards
Assumption of Risk
Assumption of Risk
Signup and view all the flashcards
Strict Liability
Strict Liability
Signup and view all the flashcards
Express Warranty
Express Warranty
Signup and view all the flashcards
Product liability
Product liability
Signup and view all the flashcards
Strict liability
Strict liability
Signup and view all the flashcards
Study Notes
- A sales contract with proper disclaimers or remedy limitations may bar a buyer from remedy in a negligence case.
Strict Liability Conditions
- Strict liability is imposed if:
- A defective condition is unreasonably dangerous to the user
- The seller is in business to sell the product
- The product reaches the user without substantial change
- Strict liability may be imposed even if the seller exercised all reasonable care and there is no contractual relationship.
Contemporary Trends in Strict Liability
- Strict liability may be imposed based on design, manufacture, or failure to warn.
- Tests to measure design and warning cases:
- Consumer expectation – design causes the product to be less safe.
- Risk-utility tests – weighing the product’s value, danger, feasibility of a safer design, and consequences of a safer design.
Accountants’ Liability: Audits
- Accountants conduct audits and verify samples of transactions.
- Verification includes:
- Vouching: tracing back to ensure the original idea supports the transaction.
- Tracing: tracing forward to ensure data is properly recorded.
- Verification includes:
Accountants’ Liability: Opinions
- After an audit, the accountant issues an opinion.
- Unqualified opinion is the most favorable, indicating the financial statement matches the true condition.
- Qualified opinion indicates the financial statement is generally accurate.
Sarbanes-Oxley Act of 2002
- Established the Public Company Accounting Oversight Board for accurate financial information.
- Requires auditors to communicate regularly with audit committees.
- Prohibits accounting firms from providing consulting services (e.g., bookkeeping) to audit clients.
- Prevents accounting firms from auditing companies with officers who previously worked for the firm.
- Imposes term limits on audit partners.
Liability to Clients
- An accountant is liable for negligence if they breach their duty and cause harm to the client.
- An accountant is liable for fraud if they make a false statement, know it's untrue, and the client relies on it.
- Accountants must keep client information confidential and use it only for the client's benefit.
Liability to Third Party
- Accountants failing to exercise due care are liable to those they knew would rely on the information and others in the same class.
Securities Act of 1933
- Auditors are liable for material misstatements or omissions in financial statements they prepare.
- Auditors can avoid liability by showing they made a reasonable investigation (due diligence).
Securities Act of 1934
- An auditor is liable for material misstatements or omissions knowingly or recklessly made if the plaintiff relies on it.
- Auditors suspecting a client of illegal acts must notify the client's board of directors.
Type of Liability
- Accountants are jointly and severally liable only if they knowingly violate the law; otherwise, they are proportionally liable.
- Criminal liability offenses: willful violations of the 1933 or 1934 acts, errors in income tax returns, violations of state securities statutes.
The Accountant-Client Relationship
- An accountant may be banned for unethical practices.
- The SEC prohibits auditors from owning stock or having a financial interest in client companies.
- The Sarbanes-Oxley Act prohibits accounting firms from providing consulting services separate from auditing services to public companies.
Accountant-Client Privilege
- Information shared between an accountant and client may be protected from disclosure.
- Accountants own the draft materials, but the client controls them.
- An Accountant cannot show the working papers to anyone without the client's permission and must allow the client access to the working papers
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.