Civil and Criminal Liability Class 1 Business Law Civil and Criminal Liability Class 1

What is “Business Law”? Course topics Torts and Crimes Relating to Businesses Overview of Contract Law, including Contracts for the Sale of Goods (UCC 2) Overview of Agency and Laws Affecting the Employment Relationship Introduction to Business Forms Overview of Property Law: Personal, Intellectual (Copyright) & Real Wills and Intestate Succession

Review of the Basics Sources of Law Constitutions (federal/state) Legislation (federal/state/local) Judge-made law (federal/state) Agency regulations (federal/ state)

Review of the Basics The Court System The 3-tiered system Trial courts Intermediate court of appeals Supreme Court

What Law Applies? Primary Authority Secondary Authority What is it? Why is it necessary? Secondary Authority Restatements Uniform laws

Bedrock of Legal Analysis The prima facie case Elements of the case Defenses The basic defenses IRAC Issue Rule Application of rule to facts Conclusion

Personal Injury Actions By and Against Business Entities Law of Torts Personal Injury Actions By and Against Business Entities

Intentional Torts Defamation Assault/Battery False Imprisonment Invasion of Privacy/Commercial Exploitation Tort of Outrage Fraud Interference with contractual relationship

Defamation Statement That is false Published Causes Injury Defense: TRUTH

Assault Battery Defenses: Self Defense, Consent Intentional Act that Creates reasonable apprehension of Immediate harmful or offensive physical contact An intentional act that Creates a harmful or offensive contact Defenses: Self Defense, Consent

False Imprisonment An intentional act that Causes actual, unlawful confinement or restraint Through force or threat of force Against the will of the detainee Defenses: Detention was justified and reasonable; Consent

Invasion of Privacy/Commercial Exploitation Disclosure of personal information; Intrusion into another’s private affairs; Appropriation of the likeness of another; Putting someone in a false light www.youtube.com/watch?v=lEXZ2hfD3bU

Tort of Outrage Intentional infliction of emotional distress: An intentional act that Is extreme and outrageous And causes Severe emotional distress

Tobacco - Fraud False statement As to existing fact Intent to deceive Justifiable reliance Injury

Interference with Contracts Existence of a valid contractual relationship or business expectancy; Knowledge of the relationship or expectancy by the alleged interfering party; Intentional interference inducing or causing breach or termination of the relationship or expectancy; and Resultant damage.

Negligence Four elements Duty of care owed to the plaintiff Breach of the duty Which results in (causation) Injury

Toyota – What Next?

Strict Liability In participating in some limited activities, a business will be liable for harm even though no duty was breached; no intentional tort committed.

Damages Compensatory - Special Medical Expenses Lost Wages Compensatory - General Physical Pain (past and future) Mental/Emotional Punitive

Businesses as offenders and as victims Criminal Law Businesses as offenders and as victims

Business As Victim Theft Fraud Embezzlement Arson Shoplifting Shoplifting costs US businesses an estimated $16 billion annually

Business as Criminal How does a business commit a crime? Who forms the intent? Who commits the act?

RICO Prohibits two or more “racketeering acts” to accomplish Investing in or acquiring a legitimate business with criminal money Maintaining or acquiring a business through criminal activity Operating a business through criminal activity

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