defendant is usually insufficient to break the causal chain-Ex. Sue is driving down the street, intersection is blocked by accident cause by Joe running a stop sign, while Sue turns her car around it is hit by a tree that is blown down by a strong wind (no causation)Damages/ InjuryGeneral rule= plaintiff must prove injury to person or property - some ability to recover for mental distress***embarrassment is not enough-Punitive damages are generally not allowed for regular negligencePlaying Defense if they prove all four elements-Comparative Fault- they were also negligent-Statute of Limitations- usually 2 years-Tolled: doesn’t begin until the plaintiff knows or should know of the injury (ex. sideeffects of drugs)-No fault-Workers Compensation-Auto Injuries- losses in accidents must exceed a certain amount or else people need to go through their own insuranceInsurance (***already paid them to represent you, 1st you should go to if someone slips and falls on your property)Make sure you have the right kinds and make sure you have enough coverage-According to the study by The Hartford, the five most common commercial and property liability claims are the following:-Burglary and theft: 20% or all commercial claims, average payout: about $8,000-Water and freezing damage: 15%, average payout: $17,000-Wind and hail: 15 %, average payout $26,000-Fire: 10%, average payout $35,000-Customer slip and fall: 10%, average payout $20,000-Car accident: less common, average payout $45,000-Insurance will:-Defend you-Pay covered claims, within policy limits-Help you take emotion out of it-Keep your business afloat-Help you avoid penalties***Company usually has more reasons than the client does to terminate employment
Ch. 9 Intellectual Property(The monetization and legal challenge of managing ideas)Protecting ideas- not just about getting the money (credit!!)Why should we care?-Intellectual property law basis:-(1) protects certain types of knowledge, ideas, and expressions by granting exclusive rights to creators. These exclusive rights are a type of intangible property right-(2) Prohibit certain kinds of conduct (such as infringing on someone else’s patent, copyright, trade secret, or trademark) that are competitive in the short run, with the objective of creating greater incentives for people and companies to engage in innovative and creative activities that tend to promote competition and also benefit society in other ways (such as the cultural value of creativity) in the long run-(3) If copyright law protects too much or protects it for too long (which many knowledgeable observers believe to be the case today), society pays more for access to creative works in the short run without receiving properly corresponding benefits in the long runSome Basics (will try to trick us on these)-Trade secrets: stuff a company wants to keep top secret-Patent: invention that is made public and protected-Copyright: used for things like books, music, etc.