BUSINESS LAW Unit 5

Crime Vs. Tort  Crime is against society-public wrong  Tort is a private or civil wrong- individual issue  Judgments-can sue and get damages

Elements of a Tort  Duty-legal obligation to do or not do something  1. Not to injure another.  2. Not to interfere with property rights of others. (trespass)  3. Not to interfere with economic rights of others. (contracts)

Elements of a Tort  Breach-a violation of the duty  Intentional-do on purpose  Negligence-carelessness  Mental state of the person is important

Elements of a Tort  Injury-a harm that is recognized by the law.  Results from the breach of duty

Elements of a Tort  Causation-breach of the duty caused the injury.  Proximate cause is when the law recognized that the cause if great enough that injury occurred.  Vicarious liability –when someone else is responsible or liable for the actions of another Ex. Parents are responsible for kids

Elements of a Tort  Duty  Breach  Injury  Causation

Common Intentional Torts  Intentional Torts are torts in which the defendant possessed the intent or purpose to inflict the resultant injury.

Assault  Definition-one person intentionally puts another in reasonable fear of an offensive or harmful bodily contact.  Threat-words or gestures  Believable-  Raise a fist or attempt to strike

Battery  Definition-a person who has a duty to refrain from harmful or offensive touching of one another-but does not.  Actual hit, touch or thrown item at person  If hit from behind-is battery without assault

False Imprisonment  Definition-intentional confinement of a person against their will.

Defamation  Definition-false statement about a person that can injure a person  Slander-is spoken  Libel-is written or printed  Have to be  1. False  2. Be communicated to a third person  3. Bring the victim into disrepute, contempt or ridicule by others.

Invasion of Privacy  Definition-uninvited intrusion into an individuals private matters (relationship and activities)

Trespass to Land  Definition-entry onto the land without the consent of the owner (intentional)

Fraud  Definition-the intentional misrepresentation of a important fact

Negligence  Definition-most common tort  Intent to injure is not required  Carelessness has to be displayed  Reasonable person standard  Professionals/Tradesmen have a higher standard

Negligence  Contributory negligence if person is not as careful or at partial fault  Comparative negligence-plaintiff is at partial fault-can have damages reduced  Assumption of risk-aware of danger, but still attempt-Ex. Skiing, Skydiving  Strict Liability is when you have a dangerous item and must handle items very carefully-Ex-wild animals

Types of Remedies for a Civil Law Suit  Injunction-  person must do or not do a certain act.  Damages- monetary award to compensate for the loss.  Actual/Compensat ory

Civil Trial Procedures  Judge or Jury(6-12)-does not have to be unanimous Depends on the case-which one you would want  Plaintiff vs. Defendant

Tort Trial Procedures  Opening Statements  Evidence is then presented  Testimony-statements of written  Witness-someone who has personal knowledge of the facts  Experts-Engineers, Scientists  Subpoenas are issued to get people to court to testify  Contempt of Court-if do not show up to testify

Tort Trial Procedures  Closing Statements-by both sides  Judge then gives direction to jury to decide the case  Jury does not have to unananimous-10 out of 12 or 5 out of 6  Damages are awarded-based on the jury’s decision-not set amounts are given