BUSINESS LAWUnit 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 anotherEx. 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/Compensatory

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