Legal Environment Of Business Review

intentional torts against persons (torts 1 of 5) a civil wrong against a person/companytypes: 1. assault 2. battery 3. false imprisonment 4. defamation 5. invasion of privacy 6. doctrine of false light Tort a civil wrong against a person or company ASSAULT (torts > intentional torts against persons) threat of immediate harm & real BATTERY (torts > intentional torts against persons) mal-intent; wrongful, offensive, unwanted physical contact FALSE IMPRISONMENT (torts > intentional torts against persons) confinement or restraint without justification DEFAMATION (torts > intentional torts against persons) publication of false information with the potential to harm one's reputation. libel: written slander: spoken INVASION OF PRIVACY (torts > intentional torts against persons) publication of true information that involves financial matters, medical matters, or sexual matters DOCTRINE OF FALSE LIGHT (torts > intentional torts against persons) cannot create the impression that someone is doing something that they did not or are not doing technology drive (e.g. photoshop) intentional torts against property (torts 2 of 5) 1. TRESPASS TO LAND: when one comes onto another's property and causes damage 2. TRESPASS TO CHATTEL: when one causes damage to another's belongings without the owner's permission to use 3. CONVERSION: civil theft; one deprives another of the use of their personal property negligence (torts 3 of 5) What is the legal standard? legal standard: would a reasonably do the same in a similar situation?5 ELEMENTS: 1) Duty 2) Deviation [from duty] 3) Damage 4) Cause (zone of danger) 5) Foreseeability (reasonably predictable?) SEE SPECIAL NEGLIGENCE CARD FOR 4 SPECIAL CASES special negligence (parts 3 & 4 out of 4)[torts (4 of 5) > negligence] 1. ATTRACTIVE NUISANCE DOCTRINE 2. NEGLIGENCE PER SE 3. DRAM SHOP LAWS: you are responsible if anything happens to an intoxicated person you served 4. SOCIAL HOST: home owners are not liable for alcohol related incidents special negligence (parts 1 & 2 out of 4)[torts (4 of 5) > negligence] 1. ATTRACTIVE NUISANCE DOCTRINE: higher emphasis on duty of care with things that attract children 2. NEGLIGENCE PER SE: crimal court finds you guilty = civil court will find you guilty 3. DRAM SHOP LAWS 4. SOCIAL HOST strict liability/absolute liability (torts 4 of 5) when something goes wrong and another gets hurt, and you are without fault, however you are still liability because the activity is so dangerous situations involving these are a basis for strict liability: EXPLOSIVES CHEMICALS ANIMALS product liability (torts 5 of 5) defective product that causes unreasonable danger defects include: failure in assembly failure in testing failure in design defense against torts 1. deny accusations 2. claim comparative fault (others at fault too) 3. superseding & intervening negligence ("domino effect") 4. consent??? 5. misuse or abuse of product 3 types of relationships in employment arena ?????? 2 types of authority of an agent 1. ACTUAL: flows between principle and agent 1. express - through words 2. implied - through behavior 2. PARENT: flows between agent and 3rd party 5 duties of agents 1. perform (perform duty) 2. notify (prompt & honest notification) 3. loyalty (real estate: show buyers all listings not just your own) 4. obedience (follow directions; satisfy customer) 5. account (be trustworthy) PANOL 5 duties of principle 1. cooperate (follow through with promises) 2. provide a safe work place 3. reimbursement 4. indemnification (stand by & defend agent) 5. compensation (must pay agent for performance) CCRIP how does agency end? the same way contracts end what is the difference between how agency ends and normal contracts end? if you terminate an agency contract you must give notice to clients to avoid harm 1. ACTUAL NOTICE: notify all customers of termination 2. CONSTRUCTIVE NOTICE: put ad in the newspaper about termination employment at will (employment laws & rules) one serves at the will of their employer an employer can fire an employee for any reason employers should fire employees with cause reason to fire employees with reason (employment law & rules > employment at will) if an employee is fired (w/o cause) they get unemployment benefits > higher taxes for employer groups exempt from the employment at will rule (cannot fire them without cause)[employment law & rules > employment at will] 1. public (gov't) employees 2. people with written employment contracts 3. people in unions situations in which wrongful termination can occur (employment law & rules > employment at will) 1. public employees 2. people with written employment contracts 3. people in unions 4. people in protected classes (race, gender, age, nationality, etc...) non-competition agreements (employment law & rules) document that states when the employee does no longer work for the employer, he or she can't work for a competitor of the employer. enforcability requires: reasonable in geography & scope reasonable in duration must be for consideration employment arena general rules (employment laws & rules) includes pre-employment practices cannot ask non-job related questions in interview pre-employment tests must be the same for all employees do not slander a past employee when giving references drug testing - must do this if you have a contract w/ gov't workers' safety issues (employment laws & rules) employers must maintain a safe work environment employers must follow OSHA regulations wage and hour laws (employment laws & rules) fair labor standards act must pay min. wage 40+ hours/week = overtime pay (salaried people exempt) laws (acts) that protect protected classes (employment laws & rules) civil rights act, age discrimination & employment act, americans w/ disabilities act, equal pay act, family medical leave act all of these: identify class of citizens they protect identify what they are protecting from 2 discrimination types [employment laws & rules > laws (acts) that protect protected classes] 1. disparate treatment: individual discrimination 2. disparate impact: company imposes policy with good intention, but it results in discrim 2 categories of sexual harassment (employment laws & rules) 1. QUID PRO QUO: disparate discrimination; happens in private; one asks another to have sexual encounters; hard to prove 2. HOSTILE WORK ENVIRONMENT: most common type; examples include making inappropriate sexual jokes or comments 6 categories for a hostile work environment (employment laws & rules) 1. inappropriate contact 2. sexual jokes 3. jokes about stereotypes 4. teasing about body parts 5. pictures ??? 6. requests for dates what is a disability? (employment laws & rules) a physical or mental impairment of a major life activity 3 types of disabilities (employment laws & rules) 1. ACTUAL DISABILITY (ex: wheelchair bound, adhd) 2. PERCEIVED AS DISABLED (ex. HIV positive) 3. HISTORY OF DISABILITY (ex. drug addiction) benefits of family medical leave act (employment laws & rules) if an employee has worked more than 1250 hours in the past year then they are entitled to 12 weeks of medical leave birth/adoption of a child illness of a family member personal illness trademarks (intellectual property type 1 of 3) word, name, symbol, or devise which identifies your goods or services last as long as you use them in commerce patents (intellectual property type 2 of 3) exclusive right to use for a period of time, your new or useful process, machine, formula, design, or improvement thereof. things that cannot be patented: scientific principles mathematical formulas patents - 3 requirements for a product to be patented (intellectual property > patents) 1. must be novel 2. must have utility 3. must be non-obvious copyrights (intellectual property type 3 of 3) your exclusive right to use or allow another to use your work of authorship duration: life of author + 75 years 95 years if work for hire (ex. textbook) 5 types of works of authorship (intellectual property > copyrights) 1. literary works 2. music 3. visual arts (dance, movies) 4. fine arts (photography, paintings) 5. architectural drawings fair use exception: areas of consideration (intellectual property > copyrights) 1. measured use (use if for a very specific purpose) 2. nature of use 3. amount used 4. what is the affect of use on the marketplace bait and switch rules (consumer laws) you must show the advertised product when customer enters advertised items must be in stock cannot talk badly about advertised product must sell the product later if it is out of stock when customer wants to buy it cannot show customer a defective product fair use categories (when it is acceptable to utilize fair use) [intellectual property > copyrights] 1) criticism or comment2) news reposting3) research, teaching or scholarship4) parody and satire door to door sales rules (consumer laws) door to door sales take place in some place other than one's place of business 3 DAY COOLING OFF PERIOD: product can be returned for full refund up to 3 days after the purchase fair credit billing act (truth & lending laws 1 of 4) if there is an error with your credit card you have a right to get it fixed (within 60 days) fair credit reporting act (truth & lending laws 2 of 4) mistakes on your credit report can be corrected if your credit card is stolen or lost, your liability cap is $50, as long as you notify the credit card company in timely manner equal credit opportunity act (truth & lending laws 3 of 4) cannot discriminate against people when dealing with issues of credit, on a basis of race, gender, age, national origin, etc. debt collector (truth & lending laws) any person who uses interstate commerce for the purpose of collecting debt exceptions: in-house personnel government lawyers fair debt collection practices act (truth & lending laws 4 of 4) debt collectors can only call you from 8 am to 9 pm they cannot use foul language they CAN call your employers the CAN threaten to sue you 6 types of intentional torts against persons (torts > intentional torts against persons) 1. assault 2. battery 3. false imprisonment 4. defamation 5. invasion of privacy 6. doctrine of false light what are the 5 elements of negligence (torts > negligence) 1. duty 2. deviance (deviating from duty) 3. damage 4. direct cause (zone of danger) 5. foreseeability (reasonably predictable?)