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Business Law

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.

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Business Law

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Presentation Transcript

  1. Business Law Unit 5

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

  3. 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)

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

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

  6. 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

  7. Elements of a Tort • Duty • Breach • Injury • Causation

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

  9. 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

  10. 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

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

  12. 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.

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

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

  15. Fraud • Definition-the intentional misrepresentation of a important fact

  16. 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

  17. 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

  18. 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

  19. 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

  20. 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

  21. 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

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