Womack Report

January 31, 2007

Business Law, January 31

Filed under: Law,Notes,School — Phillip Womack @ 3:04 pm

Trip only took half an hour today.

Statements about public figures can be made saying almost anything, as long as they are made without malice.

Appropriation — use of a person’s likeness or reputation without permission. Frequently identity theft nowadays.

Wrongful Interference is interfering with the contract between two other parties.

Conversion is depriving another of goods without their permission.

Disparagement of property is slander of the quality of another’s property, or slander of another’s right to property resulting in financial loss.

Negligence is related to unintentional torts; it means the tortfeasor didn’t seek to harm the torted party, or directly harm them, but created a risk that the harm would occur. To prove negligence, the plaintiff must show that:

  1. The defendant owed a duty of care to the plaintiff
  2. The defendant breached that duty
  3. The plaintiff suffered an injury
  4. The defendant’s breach caused that injury

Duty of care means that people have to make a reasonable effort to avoid harm to others.

Strict liability applies to cases involving Abnormally Dangerous Activities. To be an abnormally dangerous activity, the activity must involve potential, serious harm to a person, a high degree of risk that cannot be completely guarded against through reasonable care, and the activity in question must not be commonly performed in the area.

On the exam:

Chapter 5, regarding ethics, will not be included.

Concentrate on chapters 4, 6, 7, 8

Chapters 1 and 2 will be on test, but not much from them.

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