Bus Law Sec 2
Order by
29 terms
Terms | Definitions |
|---|---|
 Torts Relative to Products | Strict Liability & Product Liability |
| Cause of Action | Theory of law the plaintiff uses to sue |
| Negligence | Defendant breached a duty of care that caused the plaintiff harm. Requires the defendant be at fault. |
| Strict Liability | Tort doctrine without fault determined. Covers products, not services. Absolute responsibility w/out necessity of finding fault. |
| Vicarious Liability | Strict liability pertaining to the relationship b/t you and someone/thing you are responsible for: employer/employee, pet owner/pet, Hertz Rent-a-car/lessee |
| Parties to S/L, P/LTort | Plaintiff (injured party); Defendant (manufacturers, wholesalers, retailers. All involved in distribution of product from development to consumer purchase. |
| Manufacturer Defect Cause of Action | defect that occurs when the manufacturer fails to (1) properly assemble a product, (2) properly test a product, or (3) adequately check the quality of the product. |
| Design Defect Cause of Action | defect that occurs when a product is improperly designed |
| Packaging Defect Cause of Action | defect that occurs when a product has been placed in packaging that is insuffieciently tamperproof |
| Foreign Substance Cause of Action | food/drink issues |
| Failure to Warn Cause of Action | defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown |
| Failure to Provide adequate instructions Cause of Action | defect that occurs when a manufacturer does not provide detailed directions for safe assembly and use of a product |
| Defenses for S/L & P/L | Misuse, Assumption of Risk, Material Alterations, Frolic & Detour |
| Misuse of Product defense | defense tht relieves a seller of liability if the user abnormally misused the product. Products must be designed to protect against foreseeable misuse |
| Assumption of Risk defense | in order to apply, the defendant must prove (1) the plaintiff knew & appreciated the risk and (2) the plaintiff's voluntarily assumed the risk. (smoking after reading warnings) |
| Material Alterations defense | Consumer changes the product or the instructions of use to meet their needs, which alters the product in some way |
| Frolic & Detour defense | used primarily when an employer is attempting to prove the employee was not on shift therefore not liable for employees actions. (cop rapes woman) |
| Horn v. Gen Motors | Design defect in steering wheel cover |
| Coca-Cola & mouse in can | foreign substance issue; all parties who came into contact w/ product are responsible |
| Trade Secrets | formulas, patterns, data, customer lists, other business secrets. A catch-all if other steps not taken. States have unfair competition laws allowing the trade secret owner to bring suit; Federal crime also |
| Trade Secret lawsuit elements | defendant must have obtained secret through unlawful means (theft, bribery, espionage) |
| Burke v. Almaden Vineyards (champagne case) | Cork under pressure hits woman in eye. failure to warn cause of action |
| Federal Economic Espionage Act of 1996 | makes it a Federal crime to steal another's trade secrets |
| Remedy for infringement upon intellectual property | Recover profits made by offender; recover damages; obtain injunction prohibiting offender from divulging secrets |
| Fair Use Doctrine | permits certain limited use of a copyright for educational, teaching, quoting, review, parody |
| Roy Orboson v. 2 Live Crew | Parody; no copyright infringement; no remedy |
| Elements of contract | offer, acceptance, consideration |
| Bilateral Contract | a promise for a promise |
| Unilateral contract | a promise for an act |
First Time Here?
Welcome to Quizlet, a fun, free place to study. Try these flashcards, find others to study, or make your own.