Torts and Product Liability
A breach of a duty owed to another that causes harm
Tort
This Constitutional amendment restricts governmental control of freedom of speech by individuals and businesses
First Amendment
Offer and acceptance, consideration, capacity, legal subject matter and genuine consent
Elements of a contract
The common-law doctrine under which employers are free to discharge employees for any reason at any time, and employees are free to quit their jobs for any reason at any time
Employment at will
Meeting our own needs without compromising the ability of future generations to meet their own needs
Sustainability
Compensation awarded to a plaintiff beyond actual damages, intended to punish the defendant for doing a particularly offensive act and to deter such conduct by others
Punitive damages
The prosecution's burden of proof in a criminal case
Beyond a reasonable doubt
The name Clemson University and the Tiger Paw are examples of this type of intellectual property
Trademark
Under this program, employers are immune from damage suits arising from on-the-job accidents (except where the employer intentionally created a dangerous condition)
Workers' compensation
This federal agency has the primary authority to regulate air pollution, water pollution, land pollution, and pollution associated with certain products
Environmental Protection Agency (EPA)
A common-law doctrine under which a plaintiff may not recover for the injuries or damages that result from an activity in which the plaintiff willingly participated and with respect to which the plaintiff was aware of the danger
Assumption of risk
Wrongful deception intended to result in financial or personal gain
Fraud
Failure, without a legal excuse, of a promisor to perform the terms agreed to in a contract
Breach
A climate at work that is abusive to a person based on their protected class status
Hostile work environment
Making the impacts of climate change less severe by preventing or reducing (or capturing) the emission of greenhouse gases (GHG) into the atmosphere
Climate mitigation
A legal theory that holds manufacturers liable for the injuries caused by their products regardless of whether the manufacturer was negligent (that is, regardless of whether the manufacturer acted reasonably)
Strict liability
In a case involving David Lucas's claim that a law passed by South Carolina improperly barred him from developing beach properties he purchased on Isle of Palms, the Supreme Court held that the South Carolina law violated this clause of this Constitutional amendment and required payment to Mr. Lucas
Just compensation ("taking") clause of the Fifth Amendment
- Right to possess, control and use
- Right to exclude others from using
- Right to make contracts with others about use
- Right to sell or donate
Bundle of property rights
The minimum percentage of employees that must sign authorization cards before an election vote for a union is triggered
30%
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), a federal statute that provides authority to clean up abandoned hazardous sites, is commonly known by this name
Superfund Act
This concept, set forth in the Palsgraf case, limits liability to consequences that bear a reasonable relationship to the negligent conduct
Proximate cause
This clause in this Constitutional amendment does not apply to businesses
The self-incrimination clause of the Fifth Amendment
An activity that interferes with the public or private use and enjoyment of land
Nuisance
When an employer's rules and practices have a discriminatory effect on a protected class of employees, even if the employer did not intend to discriminate or even if the rule or practice appears neutral on its face
Disparate impact
Emissions from the energy used in a company's production and from company-owned vehicles
Scope 1 emissions