Legal Environment of Business BLAW Lecture Notes PDF

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Legal Environment of Business BLAW Lecture Notes ...

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Ch. 6 Notes Tort -a civil wrong other than a breach of contract for which the law provides a remedy (tortus or twisted also wrong) 3 ways Businesses get involved in tort action  Person is harmed by business actions or employees  Person is harmed by a product manufactured or distributed by the business  A business is harmed by the wrongful actions of another business or person 3 groups of Tort Law newly, intentional,  Negligence-is conduct/an act or omission (a failure to act) by a person or business that results in harm to another to whom the person owes a duty of care. o Protect people from harm from others unintentional but legally careless conduct o The wrongdoer owed a duty to the injured party o The duty of care oh to the injured party was breached through some act or omission on the part of the wrongdoer o There is a casual connection between the wrongdoers negligent conduct and the resulting harm to the injured party o The injured party suffered actual harm or damage recognized as actionable by law as a result of the negligent conduct Reasonable person the standard which one must observe to avoid liability for negligence: often includes the duty to foresee harm that could result from certain actions— represents help persons in the relevant community ought to behave (IE a doctor’s competence) CASE Squish La Fish v Thomco Speciality Products Squish holds a patent on a plastic device that squeezes oil and water from cans of tune. A distributor ordered 2 mill units. Squish hired ProPack to affix each Tuna Squeeze to pre-printed cardboard point of purchase cards for displace in stores. PP brought in Thomco to advise it as to the kind of adhesive to use to make the Tuna Squeeze stick to the cardboard. Thomco recommended a 3M adhesive called Extra High Tack Ad. Transfer and said that the adhesive would easily wash off of the Ts in warm water. After 8600 units were sold - the ad wouldn’t wash off. Squish tried double sided tape. The producer wanted a guarantee that the adhesive wouldn’t be a problem, Squish couldn't give them that reassurance so the contract was canceled. Squish sued Thomco for negligent misrepresentation. The district court granted summary judgment for Thomco squish appealed. Decision was later reversed and remanded. Causation the causing or producing of an effect: in law, something that may be related to legal consequences— one parties act & another’s injury Res ipsa loquitur-“The thing speaks for itself”-plaintiff states a case that is so obvious that the doctrine applies. Cause in fact is established by evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior  Chords express this in the form of a rule commonly referred to as the “but for” or sine qua non rule Proximate cause limits liability to consequences that there a reasonable relationship to the negligent conduct.

CASE PALSGRAF V LONG ISLAND RR COMPANY Helen P was waiting on a train station platform for her train. While she was there, another train stopped and then begin to leave. A man who is late for the Train Randy catch it and jumped on the moving train while holding a package. A train garden helped pull the man onto the train and another guard helped push him from behind. The man dropped his package. It fell and was run over by the train. The package was for fireworks, which exploded. The explosion caused some scales on the platform to fall, striking P in the head, seriously injuring her. Peace to the railroad for negligence by its employees during the event. The jury found for the plaintiff and the appellate division affirmed the judgement. The RR appealed to the New York high court. Substantial factor test illegal cause of injury is a cause which is a substantial factor in bringing about the injury. Intervening conduct an issue in determining proximate cause Superseding cause even if negligence occurred, if the causal connection to the resulting harm is broken by an intervening act or event Defenses to a negligence action  Assumption of risk and injured party who voluntarily assumed the risk of harm arising from the negligent or reckless conduct of another not be allowed to recover compensation for such harm /creates a defense for the negligent defendant affirmative defense o Maybe based on a liability waiver or an exculpatory clause in a contract by which the defendant promised not to sue in case of an injury  Comparative Negligence (see below) CASE GECZI V LIFETIME FITNESS G was a member of a lifetime fitness in Columbus Ohio. One day when she was using a treadmill it became a drug violently when she tried to study herself she was pulled sideways and suffered an arm injury. Two employees told her they knew the machine was broken but no sign had been put up to indicate that it did not work properly. G sued lifetime for negligence and gross negligence claim she suffered lost income, pain, and medical expenses as a result of the injury caused by the malfunctioning machine. Lifetime defended that It was a part of the membership agreement she agreed to the exculpatory clause that barred her claim she admitted she knew of the clause which stated that lifetime was not reliable he claims that life. The jury held for lifetime G appealed judgment was later affirmed

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Comparative negligence o Comparative negligence holds that the court in evaluating the actions should compare the possible negligence of both parties and Allocate liability. An example is if the plaintiff contributes 25% of the fault in a tort the defendant would be liable for 75% of the damages found arise o contributory negligence if a plaintiff who contends that a defendant inflicted a tort injury can be shown to have contributed his or her own negligence to the situation, there may be no recovery

Intentional torts against persons

Classified on the basis of the interest the law seeks to protect: personal rights and property rights Tortfeasors, person to commit torts When establishing intent several elements are required 1. State of mind of the defendant, which means that the person knew what he was doing 2. The person new, should have known, possible consequences of his art 3. Knowing that certain results are likely to occur To be liable a defendant must have acted/there must have been voluntary action Assault is the intentional conduct directed at a person that place is the person in fear of immediate bodily harm or offensive contact. Battery is an unlawful touching, which is intentional physical contact without consent. CASE FUERSCHBACH V SOUTHWEST AIRLINES If worked as a customer service representative for Southwest Airlines at the Albuquerque airport. The airline prides itself on being a fun loving spirit and company. When new employee successfully complete a probationary period They may be subject to a prank to celebrate event. Some pranks have been elaborate and F was aware that one might be pulled on her. Supervisors got to Albuquerque police to come and pretender rest of. The officers approached her at the ticket counter, told her she had outstanding warrants against her, and that she was under wraps. They handcuffed her, she began to cry so the officers took her to the back where other employees your congratulations for being off probation. The handcuffs remove so little party could begin by F could not stop crying and was eventually sent home. She saw a psychologist who said she suffered from post-traumatic stress disorder. F sued everyone connected with the event on numerous grounds including assault and battery the district court granted summary judgment for defendants have appealed the decision was reversed CASE FORGIE-BUCCIONI V HANNAFORD BROTHERS FB went into a grocery store. He paid for various items and left the store. He realized he bought the wrong kind of Drixoral, a cold medication so he left the other items in his car and went back into the store. He told a clerk he was going to exchange the D and left the box he paid for on the counter. FB found the box of D he wanted and picked up some other items to buy. He told the clerk, who was different than the one he had seen before that he had already paid for the D and he paid for the new items. When he left the store the manager went out to the parking lot and asked him to come back in the store because he did not pay for the D. The manager Frender took FB back to the store security room to discuss the matter and called the police officer was called. They arrested FB but the charges were later dropped. He sued for false imprisonment and the jury awarded him $100,000. HB appealed decision was later affirmed CASE LAWLER V MONTBLANC NORTH AMERICA LLC M makes high and writing implements, jewelry, and other luxury items that it sells wholesale and out of Boutique retail stores. CL was a manager of a retail store in California for eight years. As the manager she was expected to work full-time. And her eighth year at the store I will develop medical conditions that her doctor said meant she could only work 20 hours a week. She informed him of this and was told that as a manager she had to work 40 hours a week. Soon after the president of the company Schmitt visited and was critical of the way the store was run. EL testified that he was unpleasant. She again told the company her doctor said she cannot work full time the company said that was part of her position so I offered her severance pay. She refused and sued for disability discrimination intentional infliction of emotional distress. The

District Court held. EL appealed affirmed district courts order granting summary judgment to defend it on each of Ls claims CASE JAMES V BOB ROSS BUICK INC James worked at a Mercedes dealership owned by Bob Ross Buick. Into thousand two James was named a sales representative of the year. None of the sales representatives met sales quotas established for 2003. James was fired in January 2004 soon after Buick sent batches of letters to customers who have dealt with James, encouraging them to shop for Mercedes. The letters were addressed as if they were from James and a clerk at Buick signed James's name to the letters. James became aware of the letters went to number of former clients told him they had received them. He sued for misappropriation of his name, a form of invasion of privacy. The trial court granted summary judgment in favor of Buick James appealed later reversed and remanded. Defamation an intentional false communication that injures a person’s reputation or a good name Slander if defamatory communication was spoken Libel if the communication was in the form of a printing, writing, picture or radio or television broadcast Defamation per se presumed by law to be harmful to the person to whom they were directed and therefore require no proof of injury or harm Absolute privilege and immunity applied in those situations where public policy favors complete freedom of speech Condition or qualified privilege illuminate liability when the false statement was published in good faith and with proper motives, such as for legitimate business purpose

CASE CHAMBERS V TRAVELERS COMPANIES INC Karen chambers word for travelers from 1987 to 2008 and 2007 Employees under her supervision began to file complaints about her. The HR manager Katie investigated the complaints along with the chamber superior Warner. The results were not good. Chambers was worried about her behavior and given specific management issues to address that she was not in agreement. Two months later her supervisor asked her if it was true that she took her daughter with her on a business trip she admitted she did but did not volunteer that her grandson also came along. When that came to light she was fired. She sued for defamation. The district court held for travelers she appealed the judgement of the district court is affirmed Constitutional privilege something similar to the first amendment where the Constitution guarantees freedom of speech and freedom of press/this protect members of the press you publish opinion material about public officials Actual malice false statement was made with reckless disregard for the truth...