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B-law Final Okstate
Terms in this set (64)
used by one or more persons to certify the region, material, mode of manufacture, quality or other characteristic for specific good or services.
appears at the ends of motion picture credits to indicate the various associations and organizations that participated in the making of the film.
is an intangible property right granted by federal statute to the author or originator of a literary or artistic production of a specified type.
trademark laws that protect distinctive or famous trademarks from certain unauthorized uses. see page 152
any property that results from intellectual creative processes the product of an individuals mind.
is an agreement, or contract permitting the use of a trademark, copyright, patent, or trade secret for certain purposes.
is a grant form the government that gives an inventor the exclusive right to make, use , or sell his or her invention for a period of twenty years.
essentially a trademark that is used to distinguish the services (rather than the products)of one person or company from those of another.
the image and overall appearance of the product
indicates part or all a business's name, no matter the type of business
basically information of commercial value such as customer list, plans and research and development.
is a distinctive mark, motto, device or implement that a manufacturer stamps, prints or affixes to the goods so that they can be identified on the market and their origins made known.
A theory in which a court can hold each manufacturer responsible for a percentage of the plaintiffs damages that is equal to the percentage of its market share.
privity of contract
refers to the relationship that exists between parties to a contract (not required for product liability)
responsibility to compensate victims of product defects
occurs when a product is used for a purpose for which it was not intended
statute of repose
place outer time limits on product liability actions. might require a claim to be brought within twelve years form date of purchase.
A type of tort where a person who engages in certain activities can be held responsible for any harm that results to the others, even if the person used the utmost care
the running of the statute of limitation (begins when the suffering party has discovered it or should discover it) usually 2-4 years
unreasonably dangerous product
1. the product was dangerous beyond the expectations of the ordinary consumer.
2. A less dangerous alternative was economically feasible for the manufacturer but the manufacturer failed to produce it.
to assert a design defect
1. a reasonable alternative design was available
2. As a result the defendants failure to adopt the alternative design, the product was not reasonably safe.
Manufacturers must use due care in all of the following areas
1. designing the product
2. selecting the material
3. using the appropriate production process
4. assembling and testing
5. pacing adequate warings on the label to inform the user of dangers of which an ordinary person might not be aware
6. inspecting and testing any purchased components used in the product
requirements for strict liability
1. product must be in a defective condition when sold
2. the defendant must normally be engaged in the selling of that product
3. the product must be unreasonable dangerous
4. the plaintiff must incur physical harm to self or property
5. the defective condition must be the proximate cause of the injury
6, the goods must not have been substantially changed.
to compensate or reimburse the plaintiff for actual losses.
compensate the plaintiff for quantifiable monetary losses such as medical bills or loss of wages
Compensate individuals for non-moetary aspects of the harm suffered such as pain and suffering
monetary compensation for such harm or injury
to punish the wrongdoer and deter others form similar wrongdoing.
When a defendant intends to harm one individual but unintentionally harms a second person
an unexcused and harmful or offensive physical contact intentionally performed
capable of serving as the ground for a lawsuit
wrongfully hurting a persons good reputation
making false defamatory statements of fact about others in writing
making false defamatory statements of fact about others orally
Immunity from Libel due to either absolute or qualified such as statements made in a courtroom by an attorney or judge.
those who are in the public eye ( they are considered fair game)
a statement must be made with either knowledge of it falsity or reckless disregard of the truth ( for a public figure to win a defamation case they must prove this)
1. misrepresentation of material facts or conditions with knowledge of falsity
2. an intent to induce another party to rely on the misrepresentation
3. a justifiable reliance on the misrepresentation
4. damages suffered as a result
5. a casual connection between the misrepresentation and the injury.
trespass to land
a person without premission does the following:
1. enters onto above or below the surface of the land
2. causes anything to enter onto the land by another
3. remains on land owned by another or permit anything to remain on it.
one who is invited or allowed to enter
disparagement of property
economically injurious falsehood are made about another product or property rather than about another reputation
deprives an owner of personal property or of the use of that property without the owners permission and without just cause
slander of quality or trade libel
the publication of false information about anothers products alleging that it is not what the sells claims.
Slander of title
publication of falsity casts doubt about a persons ownership of property
when someone suffers injury because another failure to live up to a require duty of care
duty of care
people are free to act as they please so long as their actions do not infringe on the interests of others.
ruinable person standard
in determining whether a duty of care has been breached the courts ask how a responsible person would have acted in the same circumstances
retailers and other business operators who explicitly or implicitly invite persons to come onto their premises have a duty to exercise reasonable care to protect these
Causation in fact
But for test. to figure out if the the wrongful act caused the injury
légale cause exists when the connection between an act and an injury is strong enough to justify imposing liability
Good Samaritan statutes
someone who is aided voluntarily by another cannot turn around a sue the Good Samaritan for negligence.
dram shop act
bar owners or bar tenders may be liable for injuries caused by a person who became intoxicated while drinking at the bar.
assumption of risk
requires two elements
1. knowledge of the risk
2. voluntary assumption of the risk
relieves the defendant of liability for injury caused by the intervening event
A plaintiff who is also negligent cannot recover anything from the defendant.
both the plaintiff and the defendant are responsible for a percentage of the negligence and it is computed and assigned.
unsolicited "junk email" that floods viral mailboxes with advertisements, solicitations, and the messages.
internet service provider
organizations that provide access to the internet
the non tangible value of a business
when a person registers a domain name that is the same as or confusing similar to a trademark of another and offers to sell the domain name back to the trademark owner.
squatting is illegal when
1. the domain name is identical or confusingly similar to the trademark of another
2. the one registering, trafficking in or using the domain name has a bad faith intent to profit from that trademark
registering a name that is a misspelling of a popular brand such as googl.com