1. What is the definition of a tort?
Tort is “a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.” (Merriam-Webster)
2. What are 2 types of damages you may receive if you are successful in a torts cause of action?
“Legal damages can encompass economic losses, such as lost profits, as well as punitive damages, which are awarded to plaintiffs as a way of punishing malicious wrongdoers. “ (Wrongful or Tortious Interference with Contracts.)
3. Name 3 Intentional Torts against persons.
Defamation.
Invasion of privacy.
4. To establish defamation, what must you prove?
“First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.
Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.
Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication.
Fourth, in some cases, the plaintiff must prove special damages.”
("Elements of Libel and Slander - FindLaw.")
5. Name 4 acts that qualify as an invasion of privacy.
“Appropriation of Name or Likeness
Intrusion Upon Seclusion
False Light
Public Disclosure of Private Facts”
("What Is Invasion of Privacy?")
6. Why is it difficult to prove Wrongful Interference with a Contractual Relationship or Wrongful Interference with a Business Relationship?
“This tort can be difficult to prove because of the right of competition. Generally, it is necessary to prove that the defendant intentionally persuaded another to breach a contract with the plaintiff.” ("Wrongful Interference with Contracts.")
7. When does trespass to land occur?
“When entry onto, above, or below the surface of land without the owner’s permission or legal authorization takes place.” ("Quizlet.")
8. To succeed in a negligence action, what elements must each plaintiff prove?
“Duty
Breach of Duty
Cause in Fact
Proximate Cause
Damages”
("Elements of a Negligence Case - FindLaw.")
9. Against whom is tort law measured? For example, what kind of person would be asked to judge whether a tort occurred?
“Courts determine whether a breach of duty occurred.” ("What Is “breach of Duty”?")
10. What must be proven to prove causation?
“To demonstrate causation in tort law, the claimant must establish that the loss they have suffered was caused by the defendant. In most cases a simple application of the 'but for' test will resolve the question of causation in tort law. I.e. 'but for' the defendant's actions, would the claimant have suffered the loss? If yes, the defendant is not liable. If no, the defendant is liable.”
("Causation in Tort Law.")
11. What is the Dram Shop Act?
“It is a statute, also called civil liability act, that imposes civil liability upon one who sells intoxicating liquors when a third party has been injured as a result of the purchaser's intoxication and such sale has either caused or contributed to the state of intoxication.” (Merriam-Webster)
12. Define strict liability and give 2 example causes of action.
“Strict liability applies when a defendant places another person in danger, even in the absence of negligence, simply because he is possession of a dangerous product, animal or weapon. The plaintiff need not prove negligence.” ("Strict Liability Torts: Definition and Examples.") Examples: 1) “Strict liability also may apply in the case of certain manufactured products. In strict product liability, anyone who is involved in the manufacture or sale of the product can be held responsible if it was defective and someone was injured.” ("What Is Strict Liability?") 2) “Speeding is a good example of a strict liability offense. Statutes allow for drivers to be ticketed and punished for the strict liability offense of speeding, even when the driver was merely reckless about monitoring his own speed.” ("What Is Strict Liability?")
13. How is a corporation organized?
“A Corporation is owned by shareholders, who elect directors, who appoint officers (CEO, Secretary, etc.) to run the day-to-day activities of the company. In many cases, especially in small businesses, one person is all of the above. However, the company still maintains the flexibility to add shareholders, directors or officers at any point in the future and the day-to-day operations are always run by the officers.” ("My New Company.")
14. What does it mean to “pierce the corporate veil”?
“A situation in which courts put aside limited liability and hold a corporation's shareholders or directors personally liable for the corporation’s actions or debts. Veil piercing is most common in close corporations. While the law varies by state, generally courts have a strong presumption against piercing the corporate veil, and will only do so if there has been serious misconduct like abuse of the corporate form (e.g. intermingling of personal and corporate assets) or undercapatitalization at the time of incorporation.” ("Piercing the Corporate Veil.")
15. What is a limited partnership and how is it governed?
“A limited partnership (LP) exists when two or more partners unite to jointly conduct a business in which one or more of the partners is liable only to the extent of the amount of money that partner has invested. Limited partners do not receive dividends, but enjoy direct access to the flow of income and expenses. The main advantage to this structure is that the owners are typically not liable for the debts of the company.” ("Limited Partnership (LP) Definition | Investopedia.")
“LPs are governed by a combination of the Limited Partnerships Act 1907 (LPA), the Partnership Act 1890 and rules of law and equity. Limited reforms were made to the LPA in 2009, although no further changes to the statutory legal framework are expected any time soon.” ("Back to Basics - Limited Partnerships.")
16. What are some advantages that an LLC has over a corporation?
“Provides the liability protection of a corporation without the corporate formalities (Board meetings, Shareholder meetings, minutes, etc.) and extra levels of management (Shareholders, Directors, Officers). Taxed the same as a sole proprietorship (1 Member LLC) or partnership (2 or more Members).” ("My New Company.")
17. Are partnerships a legal entity for IRS purposes?
“A partnership must file an annual information return to report the income, deductions, gains, losses, etc., from its operations, but it does not pay income tax. Instead, it "passes through" any profits or losses to its partners. Each partner includes his or her share of the partnership's income or loss on his or her tax return.” ("Small Business/Self-Employed Topics.")
18. Who may bind a company in business transactions?
“The board of directors as a whole has power to manage the company but the company may appoint one or more directors in any combination to manage the company and to bind the company by their signatures. The powers of the directors who may bind the company are described in the company certificate issued by the Ministry of Commerce upon which the public may rely.” ("CHAPTER 5.")
19. Do shareholders have authority over day to day business of a corporation?
“Shareholders are not responsible for the day-to-day management of a company’s business or its affairs (filing notice or documents with the Registrar, for example), unless the Act or the constitution allows this.” ("Shareholders' Responsibilities.")
20. What duties do members/directors owe to their company?
“The main duty of shareholders is to pass resolutions at general meetings by voting through their shareholder capacity.” ("The Roles and Duties of Shareholders - InBrief.co.uk.")
“The Companies Act 2006 sets out the seven general statutory duties of a director. These are listed below with some additional commentary.
Not to accept benefits from third parties (ie a person other than the company) by reason of being a director or doing anything as director.
("ICAEW Guide to the Duties and Responsibilities of Directors.")
21. Extra Credit: Name 2 types of intellectual property.
The two types of intellectual property are copyright and patents. “A copyright gives the creator of an original work exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or "works". Copyright does not cover ideas and information themselves, only the form or manner in which they are expressed.” ("Intellectual Property.") “A patent is a form of right granted by the government to an inventor, giving the owner the right to exclude others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.” ("Intellectual Property.")
Works Cited
Merriam-Webster. Merriam-Webster, n.d. Web. 06 July 2016.
"Wrongful or Tortious Interference with Contracts." Find a Lawyer. N.p., n.d. Web. 06 July 2016.
"Elements of Libel and Slander - FindLaw." Findlaw. N.p., n.d. Web. 06 July 2016.
"What Is Invasion of Privacy?" Findlaw. N.p., n.d. Web. 06 July 2016.
"Wrongful Interference with Contracts." Torts Wrongful Interference with Contracts Comments. N.p., n.d. Web. 06 July 2016.
"Quizlet." B-Law Ledbetter Flashcards. N.p., n.d. Web. 06 July 2016.
"Elements of a Negligence Case - FindLaw." Findlaw. N.p., n.d. Web. 06 July 2016.
"What Is “breach of Duty”?" RSS 20. N.p., n.d. Web. 06 July 2016.
"Causation in Tort Law." Causation in Tort Law. N.p., n.d. Web. 06 July 2016.
"Strict Liability Torts: Definition and Examples." Study. N.p., n.d. Web. 06 July 2016.
"What Is Strict Liability?" FreeAdvice. N.p., n.d. Web. 06 July 2016.
"My New Company." How Is a Corporation Organized and Managed? N.p., n.d. Web. 06 July 2016.
"Piercing the Corporate Veil." LII / Legal Information Institute. N.p., n.d. Web. 06 July 2016.
"Limited Partnership (LP) Definition | Investopedia." Investopedia. N.p., 2003. Web. 06 July 2016.
"Back to Basics - Limited Partnerships." Nabarro. N.p., n.d. Web. 06 July 2016.
"My New Company." Type of Business Entity to Choose. N.p., n.d. Web. 06 July 2016.
"Small Business/Self-Employed Topics." Partnerships. N.p., n.d. Web. 06 July 2016.
"CHAPTER 5." CHAPTER 5. N.p., n.d. Web. 06 July 2016.
"Shareholders' Responsibilities." Business Support, Information and Advice. N.p., n.d. Web. 06 July 2016.
"The Roles and Duties of Shareholders - InBrief.co.uk." InBrief.co.uk. N.p., n.d. Web. 06 July 2016.
"ICAEW Guide to the Duties and Responsibilities of Directors." Guide to the Duties and Responsibilities of Directors. N.p., n.d. Web. 06 July 2016.
"Intellectual Property." Wikipedia. Wikimedia Foundation, n.d. Web. 06 July 2016.
