The objective of most ________ ________ law is to promote progress. By allowing exclusive rights for
disclosure of inventions and creative works, an incentive is created for inventors, artists and authors to
create and disclose their works. In theory, society and the ________ ________ right owner...
GBL Exam 2
The objective of most ________ ________ law is to promote progress. By allowing exclusive rights for
disclosure of inventions and creative works, an incentive is created for inventors, artists and authors to
create and disclose their works. In theory, society and the ________ ________ right owner mutually
benefit. - intellectual property
Type of Intellectual property:
______ gives the creator of an original work exclusive rights to the work (including works in creative,
intellectual, or artistic forms) for a limited time. ______ does not cover ideas and information
themselves, only the form or manner in which they are expressed.
the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record
literary, artistic, or musical material, and to authorize others to do the same. - Copyright
_________ Torts: deliberate action on the part of the wrong doer, WE PRESUME HARM (physical or
emotional) - Intentional
A fiduciary relationship between two persons in which one acts on behalf of the other - Agency
within the law, we create certain objectives of behavior - actions deemed to be illegal are crimes, but
there are unlawful actions that are not illegal, but are still punishable by tort law
EX - act consistent with the contracts we enter - Tort
A relationship of trust and confidence, as between principal and agent.
-acting on behalf of the principal to the best of your ability by acting in their best interest -
Fiduciary Relationship
a system of insurance where a party who is injured in an accident recovers damages up to a specific
amount against his own insurance company regardless of who was responsible for the accident -
No fault
, Ask a jury to apportion fault - claim that the injured party was at fault as well to a certain percentage
(slip an fall at a store on wet floor, store is 80% at fault for not cleaning the floor and the person is 20%
for not be careful) - Comparative Fault
Detour
____ hold the employer responsible
____ hold the employee responsible - Will hold the employer responsible for this
Will not hold the employee responsible
Element of tort:
____ must have been owed by the wrong doer
We owe a ____ to all of those who it is reasonably certain that are unreasonable conduct could harm -
Duty
Element of tort:
Example: Guy enters Meijer at 4 am and the only entrance that is open is the one where the floor is
being waxed. The guy slips on the wax and wants to sue Meijer for the tort of negligence.
Duty must be breached - Meijer should have not waxed that area of the store
Element of tort:
Example: Guy enters Meijer at 4 am and the only entrance that is open is the one where the floor is
being waxed. The guy slips on the wax and wants to sue Meijer for the tort of negligence.
Causation - Causation
Element of tort:
Example: Guy enters Meijer at 4 am and the only entrance that is open is the one where the floor is
being waxed. The guy slips on the wax and wants to sue Meijer for the tort of negligence.
Damage - No, he was not hurt from it --> He had no case (Without damage there is no tort of
negligence)
Element of tort:
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