Levels and Types of Law
Which law is considered the highest level of authority in the United States?
Constitutional law — the U.S. Constitution is the supreme law of the land.
What are the three main categories of legal issues interior designers face?
(1) Negligence, (2) Breach of contract, (3) Strict liability.
Differentiate between intentional and unintentional torts.
Intentional torts are deliberate acts (e.g., assault, fraud); unintentional torts are accidental acts of negligence.
What does copyright protect, and how long does it last for individual designers?
Copyright protects written, artistic, and graphic works; lasts for life of the author + 70 years.
List the six essential elements required for a valid contract.
Offer, Acceptance, Consideration, Mutual Assent, Contractual Capacity, Legality.
Explain how state constitutional law differs from U.S. constitutional law.
Each state constitution governs within that state but cannot override the U.S. Constitution.
Define negligence in professional design practice.
Negligence = failure to exercise the standard of care a reasonable person or designer would use under similar circumstances.
Define defamation and list its two types.
Defamation = harming someone’s reputation; libel (written) and slander (spoken).
What is a trademark, and give one example related to interior design.
Trademark protects names, logos, or symbols — e.g., a firm’s logo or branded slogan.
Define consideration in contract law.
Consideration = something of value exchanged (e.g., client pays design fees for services).
Define statutory law and identify who creates it.
Statutory law — laws passed by legislative bodies such as Congress or state legislatures.
What is meant by strict liability?
Strict liability = liability without fault; the seller or designer is responsible even if no negligence occurred.
What is fraud (also called misrepresentation) in design practice?
Fraud = deliberate deception or misrepresentation for personal gain (e.g., lying about materials used).
What is protected under patent law?
Patent law protects new, original tangible designs — e.g., a custom furniture invention.
What are two common reasons a contract may be terminated?
Termination by agreement or completion/performance of the contract obligations.
Give one example of a local ordinance relevant to interior design.
Ordinances — e.g., zoning laws, building codes, or local fire safety rules.
Explain what it means when designers have a duty of care.
Duty of care = obligation to act reasonably to avoid causing physical or economic harm to others.
Give one example of an intentional tort against property.
Trespass to land or conversion (taking property such as furniture or samples without consent).
What term describes the unauthorized use of copyrighted material?
Infringement = unauthorized use or reproduction of copyrighted material.
Name three common methods of calculating design fees.
Hourly billing
Fixed (flat) fee
Cost-plus percentage markup
(others include square-foot, value-based, or percentage-of-construction-cost methods)
What is the purpose of uniform laws like the Uniform Commercial Code (UCC)?
Uniform laws promote consistency among state laws; the UCC governs commercial transactions nationwide.
What are the four elements required to prove negligence in a lawsuit?
The four elements: (1) Duty, (2) Breach of duty, (3) Causation (proximate cause), (4) Injury or harm.
Explain wrongful interference using an interior design business example.
Wrongful interference = intentionally disrupting another designer’s business, such as poaching a client under contract.
What does work for hire mean in copyright ownership?
Work for hire = the employer (not the employee) owns the design or document created during employment.
Explain when the fixed fee method is most appropriate.
Fixed fee works best when:
The scope is clearly defined.
The designer has experience with similar projects.
The amount of supervision or change is limited.