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

2. 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

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

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

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

6. 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

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

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

9. Defamation Statement That is false Published Causes Injury
Defense: TRUTH

10. 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

11. 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

12. 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

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

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

15. 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.

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

17. Toyota – What Next?

18. 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.

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

20. Businesses as offenders and as victims
Criminal Law
Businesses as offenders and as victims

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

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

23. 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

24. Newest Scottsboro Boy