Term
| national labor relations act/nrla/wagner act |
|
Definition
-created a board to enforce labor laws -prohibits employers from penalizing workers who engage in union activity
-requires employers to "bargain in good faith" with unions |
|
|
Term
| Family and Medical Leave Act |
|
Definition
| guarantees both men and women up to 12 weeks of unpaid leave each year for childbirth, adoption, or medical emergencies for themselves or a family member |
|
|
Term
| COBRA (consolidated omnibus budget reconciliation act) |
|
Definition
| statute provides that former employers must be allowed to continue their health insurance for 18 months after being fired |
|
|
Term
| COBRA (consolidated omnibus budget reconciliation act) |
|
Definition
| statute provides that former employers must be allowed to continue their health insurance for 18 months after being fired |
|
|
Term
|
Definition
an employer may not fire a worker for a reason that violates basic social rights, duties, or responsibilites
(monge case) |
|
|
Term
|
Definition
| reason that violates public policy |
|
|
Term
| cannot be fired for 3 public policy rules.. |
|
Definition
1. refusing to violate the law
2. exercising a legal right
3. performing a legal duty |
|
|
Term
|
Definition
| oral promises made during the hiring process can be enforceable, even if not approved by the company's top executives |
|
|
Term
|
Definition
|
|
Term
| covenant of good faith and fair dealing |
|
Definition
prohibits one party to a contract from interfering with the other's right to benefit under the contract
-courts will imply this in some cases in an employment at will relationship |
|
|
Term
|
Definition
| employers may be liable when they give false and unfavorable references about a former employee |
|
|
Term
|
Definition
| employers who give references are liable only for false statements they know are false or motivated by ill will |
|
|
Term
| intentional infliction of emotional distress |
|
Definition
| employers who condone cruel treatment of their workers face liability |
|
|
Term
|
Definition
| employee who disclosed illegal behavior on the part of their employer |
|
|
Term
| whistleblowers are protected in the following situations: |
|
Definition
1. the false claims act
2. constitutional protection for govt employees
3. statutory protection for federal employees
4. employees of publicly traded companies
5. state statutes
6. common law |
|
|
Term
|
Definition
| protects employees of publicly traded companies who provide evidence of fraud to investigators |
|
|
Term
| occupational safety and health act |
|
Definition
| employers must comply with certain standards and keep record of all workplace injuries and accidents |
|
|
Term
| employee privacy: lifestyle control |
|
Definition
-drug/alcohol tests
-off duty conduct
-cannot use lie detector tests
-electronic monitering of the workplace
IF: the employee consents, monitering occurs in the ordinary course of business, employer provides the email system |
|
|
Term
|
Definition
| regulates wages/limits child labor |
|
|
Term
|
Definition
| workers must be paid time and a half for any hours over 40 in one week |
|
|
Term
|
Definition
| only 16 and 17 year olds may work unlimited hours in non hazardous jobs |
|
|
Term
title VII
(of the civil rights act) |
|
Definition
illegal for employers to discriminate on the basis of race,color, religion, sex, or national origin
1. discrimination in the workplace
2. because of pregnancy
3. sexual harassment |
|
|
Term
|
Definition
1. plaintiff-prima facie case
- protected class
-interference/suggestion of discrimination
2. defendant
-non discriminatory reason
3. plaintiff- pretext |
|
|
Term
|
Definition
| prima facie case (plaintiff presents evidence that the defendant has discriminated against her because of a proceeded trait, needs to create presumption that discrimination occurred not prove it |
|
|
Term
|
Definition
applies only if an employer has a rule that is not discriminatory but excludes too many people
-plaintiff must show prima facie case |
|
|
Term
| defenses to charges of discrimination |
|
Definition
1. merit:if the person favored was the most qualified
2. seniority: a legit seniority system is legal even if perpetuates past discrimination
3. bona fide occupational qualification: employer permitted to establish discriminatory job requirements if they are essential to the position in question |
|
|
Term
| valid sexual harassment case requires 2 things: |
|
Definition
1. quid pro ro: "one thing in return for another"
2. hostile work environment
-company can be held liable if employer suffered tangible employment action |
|
|
Term
| sex. haras. procedures and remedies |
|
Definition
-equal employment opportunity commission
-right to sue letter |
|
|
Term
|
Definition
a company whose stock is not publicly traded
-protection of minority SHs
-transfer restrictions
-flexibility
-dispute resolution |
|
|
Term
|
Definition
| -encourage entrepreneurship by offering tax breaks |
|
|
Term
| restrictions on s corporations |
|
Definition
-can only be one class of stock
-100 shareholders
-shareholders cannot be partnerships or corporations
-shareholders must agree that the company should be an s corporation
-must be citizens/residents of the US
- |
|
|
Term
| limited liability corporation (LLC) |
|
Definition
| offers limited liability of a corporation and tax benefits of a partnership |
|
|
Term
| 2 things needed to start up an LLC |
|
Definition
-charter
-operating agreement |
|
|
Term
| 3 part test to formulate the piercing of the corporate veil |
|
Definition
1. the defendant controlled the debtor corporation
2. defendant engaged in improper conduct
3. as a result of said conduct, plaintiff was unable to collect on a debt against the insolvent corp |
|
|
Term
| partnership by estoppel applies if |
|
Definition
-if participants tell other people they are partners when they arent or allow people to believe that they are
-a third party relies on this assertion
-the third party suffers harm |
|
|
Term
|
Definition
| when a partner leaves the partnership |
|
|
Term
|
Definition
| partners agree in advanced how long it will last |
|
|
Term
|
Definition
|
|
Term
| s corporations have both the tax status and liability of a ___ |
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| s corp SH's have the liability of a ___ and tax status of a ___ |
|
Definition
|
|
Term
|
Definition
must be delivered by franchisor 14 days before potential purchase.
must include:
-any litigation against the company in the prior 10 years and claims the company has made against franchisees
-whether it has gone through bankruptcy proceedings in the prior 10 years
-all fees
-estimates of the required initial investment
-what goods must be purchased from the franchisor
-the # of franchisees in operation
-how many franchisees have gone out of business in the prior 3 years
-any competition franchisees will face from company owned outlets
-whether others can sell in its territory and whether it can sell outside its territory
-a warning that franchisees should not rely on other earnings claims unless included in this document
-audited financial statements
-a sample set of contracts that a franchisee is expected to sign |
|
|
Term
|
Definition
| a group of individuals or businesses that join together to gain the advantages of volume sales or purchases |
|
|
Term
| promoter (and their liability) |
|
Definition
someone who organizes a corporation
personally liable on any contract he signs before the corporation is formed |
|
|
Term
| after the formation of a contract, who is liable once a corporation adopts it? |
|
Definition
| both the corporation and the promoter |
|
|
Term
|
Definition
a new contract with different parties
*promoter is no longer liable |
|
|
Term
| Advantages of incorporating in Delaware |
|
Definition
-laws that favor management
-efficient court system
-established body of precedent |
|
|
Term
| Advantages of incorporating in Delaware |
|
Definition
-laws that favor management
-efficient court system
-established body of precedent |
|
|
Term
|
Definition
-name
-address and registered agent(serves as their official presence in the state)
-incorporator(name and signature)
-purpose
-stock (par value, # of shares, classes and series) |
|
|
Term
|
Definition
| charter establishes if the SH is entitles to divs and what amount |
|
|
Term
|
Definition
| SHs are usually entitled to elect directors, vote on charter amendments etc but the rights vary between classes and series |
|
|
Term
|
Definition
| charter specifies the order in which classes of stockholders will be paid upon dissolution of the company |
|
|
Term
| ___ elect the first set of directors, after that the ___elect them |
|
Definition
| incorporators; shareholders |
|
|
Term
|
Definition
| official record of the corporation |
|
|
Term
|
Definition
| list the "housekeeping" details for the corp. |
|
|
Term
|
Definition
| long term secured debt/long term UNsecured |
|
|
Term
pierce the corporate veil
(and the 4 times it generally happens) |
|
Definition
a court holds SHs personally liable for the debts of the corporation
1. failure to observe formalities
2. commingling of assets
3. inadequate capitalization
4. fraud |
|
|
Term
| termination of a corporation is a 3 step process |
|
Definition
1. vote
2. filing
-articles of dissolution
3. winding up |
|
|
Term
|
Definition
| courts allow managers great leeway in having fiduciary duty to act in the best interest of their stockholders |
|
|
Term
| to be protected by the business judgment rule, managers must act in good faith: |
|
Definition
duty of loyalty:
1. without conflict of interest
duty of care:
2. with the care that an ordinarily prudent person would take in a similar situation
3.in a manner they reasonably believe to be in the best interests of the corporation |
|
|
Term
| business judgment rule accomplishes 3 goals |
|
Definition
1. permits directors to do their job
2. keeps judges out of corporate management
3. encourages directors to serve |
|
|
Term
|
Definition
-self dealing: a manager makes a decision benefiting himself or another company with which he has a relationship
-corporate opportunity: managers are in violation of corp opp doctrine if they compete against the corporation without its consent |
|
|
Term
| self dealing transactions are valid when... |
|
Definition
-the disinterested members of the board approve it
-the disinterested Shs approve it
-the transaction was entirely fair to the corporation |
|
|
Term
|
Definition
-rational business purpose
-legality
-informed decision |
|
|
Term
| three ways to takeover a company: |
|
Definition
1. buy the assets
2. merge with the company
3. buy stock from the shareholders(tender offer: called a hostile takeover if the board of the target resists) |
|
|
Term
| the williams act (fed regulation of tender offers) |
|
Definition
applies only if stock is publicly traded:
-if you have more than 5%, must file a schedule 13D with the SEC
-when tender offer begins, bidder must file disclosure statement with SEC
-bidder must keep offer open for at least 20days initially and at least 10 after any big change in the offer is made
-any SH may withdraw acceptance of the offer while its still open
-if bidder raises price all selling SHs must be paid the higher price
-bidder must purchase the same amount of shares from everyone if SHs tender more shares than bidder wants to buy |
|
|
Term
|
Definition
| when establishing takeover defenses, shareholder welfare must be the board's primary concern |
|
|
Term
| state anti-takeover statutes |
|
Definition
statutes that automatically impede hostile takeovers
statutes that authorize companies to fight off hostile takeovers |
|
|
Term
|
Definition
| SHs acting in good faith and with a proper purpose have the right to inspect and copy the corporations minute book, accounting records, and shareholder lists |
|
|
Term
|
Definition
| person a SH appoints to vote for her at a meeting, or a doc a SH signs, appointing this person |
|
|
Term
|
Definition
| the % of voters who must be present for a meeting to count |
|
|
Term
|
Definition
| under SEC rules, any SH who has continuously owned for one year at least 1% of company or $2000 stock can require that one proposal be placed in the company's proxy statement to be voted on at the shareholder meeting |
|
|
Term
|
Definition
| brought by SHs to remedy a wrong to the corporation |
|
|
Term
| SHs can file suit on behalf of the corp without the approval of the board if___ |
|
Definition
|
|
Term
| demand is considered futile if... |
|
Definition
| directors violated the duty of care, or loyalty that are required by business judgment rule |
|
|
Term
| shareholders are permitted to sue the corp directly only if.... |
|
Definition
| their own rights have been harmed |
|
|
Term
| the SEC can create laws in three ways |
|
Definition
-rules
-releases
-no-action letters |
|
|
Term
|
Definition
| any transaction in which the buyer invests money in a common enterprise and expects to earn a profit predominantly from the efforts of others |
|
|
Term
|
Definition
| requires that before offering or selling securities, the issuer must register the securities with the SEC unless the securities qualify for an exemptio |
|
|
Term
|
Definition
| stock represents ownership in its issuer |
|
|
Term
| when a(n) __ registers securities, the SEC does not investigate the quality of the offering |
|
Definition
|
|
Term
|
Definition
rules 504, 505, 506
restrict advertisement of stock, amount that can be sold and to whom |
|
|
Term
|
Definition
| permits an issuer to sell $5M of securities publicly in any 12 month period |
|
|
Term
| direct public offering(advantages/disadvantages) |
|
Definition
adv:
-cheaper and faster than a regular public offering
-effective marketing tool: SHs tend to become more loyal customers
dis:
-cost of disclosures
-tricky and time consuming to set up a trading system |
|
|
Term
|
Definition
| issues these offerings when it wishes to raise large amounts of capital |
|
|
Term
initial public offering IPO
secondary offering |
|
Definition
first sale of securities
subsequent public sale |
|
|
Term
| Process an issuer follows for an IPO or secondary offering: |
|
Definition
1. underwriting
-firm commitment underwriting: underwriter buys the stock from the issuer and resells it to the public
-best efforts underwritings: the underwriter doesn't buy the stock but instead acts as the company's agent in selling it
2. Registration statement: has 2 purposes
-notify the SEC that a sale of securities is pending
-disclose information to prospective purchasers
3. prospectus: typically what buyers are given instead of the registration statement
4. sales effort: investment bank solicits offers
5. going effective (begin the sale): SEC sends the issuer a comment letter listing changes that must be made on the registration statement |
|
|
Term
|
Definition
| any stock purchased from the issuer in a private offering |
|
|
Term
|
Definition
| stock held by any shareholder who owns more than 10% of a class stock or by any officer or director of the company |
|
|
Term
| if a final registration statement contains a material misstatement or omission, the purchaser of the security can recover from ____ . |
|
Definition
everyone who signed the registration statement
-plaintiff must prove material misstatement/omission and that she lost money
-due diligence: an investigation of the reg statement by someone who signed it |
|
|
Term
| issuer must register with the SEC if |
|
Definition
1. it completes a public offering
2. its securities are traded on a national exchange
3. it has at least 500 shareholders and total assets that exceed $10M |
|
|
Term
| under section 16,insiders must __ their trades and turn over to the corp any __ |
|
Definition
|
|
Term
|
Definition
anyone who makes a misleading/false statement in a filing is liable to buyers/sellers who:
1. acted in reliance on the statement
2. can prove that the price at which they bought/sold was affected by the false filing |
|
|
Term
|
Definition
| prohibits fraud in connection with the purchase/sale of any security, registered or not |
|
|
Term
|
Definition
| means willfully, knowingly, recklessly |
|
|
Term
|
Definition
1. strangers: someone who trades on inside info is liable only if he has a fiduciary duty to the co.
2. fiduciaries:liable is she trades stock of her company while in posession of nonpublic material info.
3. posession v. use of info: liable if insider trades while in posession of nonpublic info, unless she has committed in advance to a plan to sell those securities
4. tippers: liable even if they do not trade themselves as long as they know the info is confidential and they expect some personal gain
5. tippees: those who receive tips are liable even w/out fiduciary relationship if they know the info is confidential, they know it came from an insider violating fiduciary duty, they expected some personal gain
6. takeovers: prohibits trading on insider info during a tender offer if the trader knows the info was obtained from either the bidder or the targer company
7. missappropriation: liable if he trades in securities for personal profit, using conf. info, and in breach of fiduciary duty to the source of the info |
|
|
Term
| foreign corrupt practices act |
|
Definition
| it is a crim for any american company to make or promise to make payments or gifts to foreign officials, political candidates, or parties in order to influence a governmental decision |
|
|
Term
| national securities markets improvement act of 1996 |
|
Definition
states may no longer regulate offerings of securities that are:
-traded on a national exchanged
-exempt under rule 506
-sold to qualified purchasers |
|
|
Term
| registration by notification, coordination, and qualification |
|
Definition
| file a notice before offering; file copies of reg statement; undergo entire registration w/ a merit review |
|
|
Term
|
Definition
| prohibits unfair and deceptive acts or practices |
|
|
Term
| electronic communications privacy act of 1986 |
|
Definition
| prohibits unauthorized interception or disclosure of wire and electronic communications or unauthorized access to stored communications |
|
|
Term
|
Definition
1.any intended recipient of an electronic communication has the right to disclose it
2.internet service providers are generally prohibited from disclosing electronic messages to anyone other than the adressee unless necessary to protect their own rights or property
3. an employer has the right to moniter workers electronic comm. if the employee consents, the monitering occurs in ordinary course of business,the employer provides the computer/email system
4. gov needs a warrant for communications that have been stored for 180 days or less, once over 180 days, no warrant is needed |
|
|
Term
| children's online protection act of 1998 |
|
Definition
| prohibits internet operators from collecting information from children under 13 without parental permission and sites must disclose hoe they will use any info they acquire |
|
|
Term
| gramm-leach-biley privacy act of 1999 |
|
Definition
| requires banks and other financial institutions to disclose to consumers any non public info they wish to reveal to third parties |
|
|
Term
| safe-harbor principles (european directive) |
|
Definition
a company must
1. tell consumers how it plans to use their data/how they can limit its use
2. provide opp. to prevent disclosure of personal data
3. provide adequate security
4. provide customers with reasonable access to their data
5. establish procedure for dispute resolution |
|
|
Term
|
Definition
| a computer program that enters a user's computer without permission and moniters and reports the users activities |
|
|
Term
| communications decency act of 1996 |
|
Definition
| ISPs and webhosts are not liable for information that is provided by someone else, only content providers are liable |
|
|
Term
|
Definition
| (type of online fraud) a seller either bids on his own goods or agrees to cross bid with a group of other sellers |
|
|
Term
|
Definition
| a fraudster sends an email directing the recipient to enter personal info on a website that is an illegal imitation of a legitimate site |
|
|
Term
| patent (and the three types) |
|
Definition
a grant by the govt permitting the inventor exclusive use of an invention for a specified period
-not available solely for an idea, but only for its tangible application
-utility, design, and plant patents |
|
|
Term
|
Definition
| available to those who invent or significantly improve a mechanical, electrical, chemical invention; process, machine, or composition of matter |
|
|
Term
|
Definition
| protects the appearance of an item, only lasts for 14 years |
|
|
Term
|
Definition
| anyone who creates a new type of plant can patent it provided that the inventor is able to reproduce it asexually |
|
|
Term
| requirements for a patent |
|
Definition
|
|
Term
| priority b/w two inventors |
|
Definition
| the person who invents and puts the invention into practice has the priority over the first filer |
|
|
Term
|
Definition
| inventor must apply for a patent within on year of selling the product commercially |
|
|
Term
|
Definition
| valid for 20 years from the date of filing (except design patente-14 yrs from date of issuance) |
|
|
Term
|
Definition
| requires that countries use the same standards for the form and content of patent applications |
|
|
Term
| the holder of a copright owns... |
|
Definition
| the particular tangible expression of an idea but not the underlying idea or method of operation |
|
|
Term
| to prove infringement (violation of copyright act) plaintiff must prove |
|
Definition
| that the work was original, the infringer actually copied the work, or the infringer had access to the original and the two works are substantially similar |
|
|
Term
|
Definition
| permits a person who owns a lawfully made copy of a copyrighted work to sell or otherwise dispose of the copy |
|
|
Term
|
Definition
| permits limited use of copyrighted material without permission of the author |
|
|
Term
| parody is a fair use of copyrighted material as long as... |
|
Definition
| the use of the original is not excessive |
|
|
Term
|
Definition
| intended to deter the downloading of copyrighted material, provides for criminal penalties for the reproduction or distribution of copyrighted material that has a retail value greater than $1000 |
|
|
Term
| family entertainment and copyright act |
|
Definition
| it is a criminal offense to use a camcorder to film a movie in the theater |
|
|
Term
| the digital millennium copyright act |
|
Definition
-it is illegal to delete copyright info such as the name of the author or title of article, or distribute false info
-it is illegal to circumvent encryption or scrambling devices that protect copyrighted works
-it is illegal to distribute tools and technologies used to circumvent encryption devices |
|
|
Term
|
Definition
| requires member countries to provide automatic copyright protection to any works created in another member country |
|
|
Term
|
Definition
| any combo of words and symbols that a business uses to identify its products or services and distinguish them from others |
|
|
Term
|
Definition
-trademarks: affixed to goods in interstate commerce
-service marks: used to identify services not products
-certification marks: words and symbols used by a person or organization to attest that products/services meet certain standards
-collective marks: used to identify members of an organization |
|
|
Term
|
Definition
-fanciful marks:made up words
-arbitrary marks:existing words that do not describe the product
-secondary meaning:cannot be trademarked unless they have been used so long the public associates it w/ the product
-trade dress:the image and overall appearance of a business or product |
|
|
Term
| to win an infringement suit trademark owner must prove |
|
Definition
| the defendants trademark is likely to deceive customers about who has made the goods or provided the services |
|
|
Term
| rightful owner of a trademark is entitled to: |
|
Definition
1. injunction prohibiting further violations
2. destruction of the infringing material
3. up to three times damages (treble damages)
4. any profits the infringer earned on the product
5. attorneys fees |
|
|
Term
| federal trademark dilution act of 1995 |
|
Definition
| prevents others from using a trademark thin a way that dilutes its value even though consumers are not confused about the origin of the product or tarnishes it by association with unwholesome goods or services |
|
|
Term
| anticybersquatting consumer protection act |
|
Definition
permits both trademark owners and famous people to sue anyone who registers their name as a domain name in bad faith
-entitled to damages of up to $100,000 |
|
|
Term
|
Definition
| a formula, device, process, method, or compilation of information that, when used in business, gives the owner an advantage over competitors who do not know it |
|
|
Term
| anyone who violates a trade secret is liable to the owner for: |
|
Definition
1.actual damages
2.unjust enrichment
3.a reasonable royalty |
|
|
Term
| economic espionage act of 1996 |
|
Definition
| makes it a criminal offense to steal(or attempt to) trade secrets for the benefit of someone other than the owner, including for the benefit of any foreign govt |
|
|
Term
|
Definition
an owner who conveys an interest in his property to someone else
-grantee(receives it) |
|
|
Term
| real property may be any of the following: |
|
Definition
-land
-buildings
-subsurface rights
-air rights
-plant life
-fixtures (permanent part of the property) |
|
|
Term
|
Definition
the owner of a freehold estate has the present right to possess the property and to use it in any lawful way she wants
3 types:
fee simple absolute,fee simple defeasible, life estate |
|
|
Term
|
Definition
| provides the owner with the greatest possible control of the property, the most common form of land ownership |
|
|
Term
|
Definition
| ownership of a property that can be terminated upon the occurrence of a limiting event |
|
|
Term
|
Definition
| ownership of property for the lifetime of a particular person |
|
|
Term
|
Definition
| when two or more people own real property at the same time |
|
|
Term
|
Definition
the owners have an equal interest in the entire property
-tenants may sell their interest or leave to heirs upon death |
|
|
Term
|
Definition
| similar to tenancy in common except upon death of one tennant, his interest passes to the surviving joint tennants, not heirs |
|
|
Term
| tenancy by entirety and community property |
|
Definition
| forms of ownership that allow one spouse to protect some property from the other, and from the others creditors |
|
|
Term
|
Definition
| gives one person the right to enter land belonging to another and make a limited use of it without taking anything away |
|
|
Term
|
Definition
| when a landowner expressly intends to convey an easement to someone else; when an owner sells land but keeps some right to enter the property |
|
|
Term
|
Definition
| the right to enter land belonging to another and take something from it |
|
|
Term
|
Definition
| the right to enter land belonging to another temporarily |
|
|
Term
|
Definition
| a security interest in real property |
|
|
Term
|
Definition
| the right to foreclose on the property if the mortgagor fails to pay back the money borrowed |
|
|
Term
implied warranty of habitability
(sellers obligation) |
|
Definition
| the builder is guaranteeing that the house contains adequate materials and good workmanship |
|
|
Term
duty to disclose defects
(sellers obligation) |
|
Definition
| the seller of a home must disclose facts that a buyer does not know and cannot readily observe, if they materially affect the property's value |
|
|
Term
|
Definition
| the buyers lawyer or someone she hires, searches through the local land registry for all documents that relate to the property to ensure the seller had a valid title to this land |
|
|
Term
|
Definition
| a meeting at which the property is actually sold, the seller brings a deed (a doc that proves ownership of property) |
|
|
Term
|
Definition
| state laws that permit local communities to regulate building and land use |
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| govts power to take private property for public use |
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| a promise by either the landlord or tenant to do something or refrain from doing something |
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| a lease stated for a fixed period |
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| created for a fixed period and then automatically continues for additional periods until either party notifies the other of termination |
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tenancy at will
(unusual tenancy) |
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| has no fixed duration and may be terminated by either party at nay time |
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| when a tenant remains on the premises, against the wishes of the landlord, after the expiration of a true tenancy |
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| duty to deliver posession |
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| the landlords first important duty is to deliver possession of the premises at the beginning of the tenancy |
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| the right to use the property without the interference of the landlord |
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| actual v. constructive eviction |
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| preventing the tenant from possessing the premises/interfering with the tenants use and enjoyment of the premises |
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| tenant remedies for defective conditions |
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Definition
| dif states have dif rules but most tenants can withhold rent, deduct reasonable amount from rent payment if landlord does not fix something, or sue for damages |
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| duty to return security deposit |
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| landlord who fails to do so may owe more than he anticipates |
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-duty to pay rent
-duty to use premises properly |
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| liable for injuries occurring within the premises she is leasing |
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| in many states, a landlord must use reasonable care to maintain safe premises and is liable for forseeable harm |
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| landlord liability in regards to a crime |
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Definition
-nature of the crime
-reasonable person standard
-foreseeability
-prevalence of crime in the area |
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