Torts
Intentionally causing reasonable fear of immediate offensive harmful contact.
What is Assault?
Violation of the duty of care for professionals.
What is malpractice?
A legal claim that requires a manufacturer to use due care in six areas of production.
What is product liability based on negligence?
What are trademarks and patents?
Confinement of another’s activities without justification.
What is false imprisonment?
The two types of causation for negligence claim.
What are “in fact” and “proximate” cause?
A fraudulent or reckless claim about a product that results in harm to a consumer.
What is misrepresentation?
The length of time that an patent can be protected.
What is 20 years (or 14 years for design)?
The two types of defamation.
What are libel and slander?
Law resulting in no liability for a person helping another in distress.
What is a Good Samaritan statute?
When the making of a product departs from its intended design.
What is a manufacturing defect?
The two exceptions to copyright protection.
What are the fair use and first sale doctrines?
Legal remedy for non-monetary losses like pain and suffering.
What are general damages?
An unforseeable event that breaks the link between a negligent act and an injury.
What is a superceding cause?
When foreseeable risks could have been reduced or avoided by reasonable instructions on the product.
What are inadequate warnings?
The requirement to protect trade secrets.
What is take sufficient steps to keep the information confidential?
Intentionally meddling with another person’s possessory interest.
What is trespass to personal property/chattels (or conversion)?
Law that causes a bartender or social host to be liable for an intoxicated person’s subsequent acts.
A defense when a particular consumer has superior knowledge about a product.
What is a knowledgeable user?
The three intellectual property protections found in the coke bottle example shown in class.
What are trademark (logo), trade dress (bottle shape), and trade secret (coke formula)?