Business Law Ch 5
Civil law and Procedures

How do Crimes and Torts Differ
• Tort – Private or Civil wrong
• It is an offense against an individual
• Person is injured and can sue and obtain a judgment for damages
• Damages – Monetary award intended to compensate the injured party for the harm done

Elements of a Tort
• Four elements of most torts:
1. Duty
2. Breach
3. Injury
4. Causation

Elements of a Tort
• Four elements of most torts:
1. Duty - legal obligation to do or not to do something
– Three duties created by tort law
1. Duty not to injure another (includes bodily, reputation, or invasion of privacy)
2. Duty not to interfere with the property rights of others (trespassing)
3. Duty not to interfere with the economic rights of other (contracts)

Elements of a Tort
• Four elements of most torts:
2. Breach - violation of the duty
• Intentional Torts – Defendant actually intended to inflict harm by their actions
• Negligence – Harm occurred as a result of neglect or carelessness of the defendant
• Strict Liability – Harm occurs when neither intent nor carelessness

Elements of a Tort
• Four elements of most torts:
3. Injury – A harm that is recognized by the law
• Injury must be proved

Elements of a Tort
• Four elements of most torts:
4. Causation – Breach of duty caused the injury
• Proximate Cause – Exists when a reasonably foreseeable breach of duty resulted in an injury

Responsibility for Another’s Tort
• All people, including minors, are personally responsible for their torts
• Vicarious Liability – One person is responsible for the torts of another
– Example
• Parents give children “dangerous instruments”
– Guns without proper instruction

5-1 Assessment
• Turn to page 84 and complete the 12 questions

5-1 Assessment Answers
1. True
2. A (proximate cause)
3. False
4. D (vicarious liability)
5. False
6. Vicarious
7. B (strict liability)

5-1 Assessment Answers
8. Duties – Obey the posted regulations
– Act reasonable
– Injuries – Damage to the cars and ferry
– Cause – Starting of the truck without brakes
9. Yes. Proximate cause
– No, Loss income is not proximate
– No, not proximate

5-1 Assessment Answers
10.Driver of the car for negligence
– Rental car company for dangerous instrument
11.Minor is liable. Dangerous instrument
Maureen
12.Patrick would be liable for negligence in allowing the hail damage, as he failed to fulfill his duty of taking reasonable care of the vehicle, but not for the hot oil and gravel nicks.

Most Common Intentional Torts
• Intentional Tort – the defendant possessed the intent to inflict the resultant injury
• Assault – When one person intentionally puts another person in reasonable fear of an offensive or harmful bodily contact
– Can be words or gesture

Most Common Intentional Torts
• Battery – harmfully or offensively touching of another intentionally.
• False Imprisonment – Intentional confinement of a person against the person’s will and without lawful privilege.

Most Common Intentional Torts
• Defamation – False statement the injures a person’s reputation or good name.
– Slander – spoken
– Libel – written
– Statement must:
1. Be false
2. Be communicated to a third party
3. Bring the victim into disgrace, contempt, or ridicule by others

Most Common Intentional Torts
• Invasion of Privacy – Uninvited intrusion into an individuals personal relationships and activities in a way likely to cause shame or mental suffering in an ordinary person.
– Can result from unnecessary publicity regarding personal matters
– Includes freedom from commercial exploitation of one’s name, picture, or endorsement without permission.

Most Common Intentional Torts
• Trespass to Land – Entry onto the property of another without the owner’s consent
– Intent is required
• Conversion – Personal property that is stolen, destroyed, or used in a manner inconsistent with the owner’s rights

Most Common Intentional Torts
• Interference with Contractual Rights – A third party enticing or encouraging a person to break a contract
• Fraud – Intentional or recklessly made misrepresentation of an existing important fact.
– Made to induce someone to enter into a contract

Negligence
• Negligence - Careless behavior
– Most common tort
– “Reasonable Person” standard
• Defenses
– Contributory Negligence – Both defendant and plaintiff are guilty of negligence
• No recover of losses

Negligence
• Defenses
– Comparative Negligence – Plaintiffs actions are partially at fault
• Damages are award in proportion to their percentage of responsibility
– Assumption of Risk – Plaintiff is aware of a danger or risk

Strict Liability
• Strict Liability - Defendant can be held liable if he or she merely engaged in a particular activity that resulted in an injury, regardless of whether or not he or she was negligent
– Only applies when someone has engaged in abnormally dangerous activities
– Ownership of dangerous of animals
– Activity of a sale that are unreasonable activity
• If the good is defective then it is dangerous
• Another name is Product liability

5-2 Assestment
• Turn to page 92 and complete the 5-2
Assessment

Remedies Available in a Civil Suit
• Two types of remedies
1. Injunction – court order for a person to do or not to do a particular act
2. Damages – Monetary award by the court to a person who has suffered loss or injury because of an act or omission

Damages
• Two types of Damages
1. Compensatory – meant to replace the injured party in the position he or she was in prior to the injury or loss.
• Includes
– Lost wages
– Doctor’s Fees
– Monetary amount to compensate for the injured party’s pain and suffering

Damages
• Two types of Damages
2. Punitive Damages – Meant to punish the person who inflicted to injury
• Generally awarded in intentional torts
Contingency fee – Lawyers are paid a percentage of the recovery
25% before Trial
33% win trial
40% won on appeal

Procedure use to try a civil case
• Judge/Jury
– Judges decide issue of law
– Jury decides issue of facts
Plaintiff – the party that initiates the lawsuit by filing a complaint
Defendant – the party complained against
Default judgment – defendant has 10 days to answer complain. If not answered, plaintiff wins judgment

Procedure in a civil case
• Civil jury – 6 to 12 people
• After jury is seated the attorneys make opening statements
– State what they will try to prove
• Evidence – anything the judge allows to be presented to the jury that helps to prove or disprove the alleged facts.

Procedure in a civil case
• Testimony – statements made by witnesses under oath
• Witness – someone who has personal knowledge of the facts
• Expert Witness – give an opinion fro superior knowledge about important facts
• Subpoena – written order by the judge commanding a person to appear, give testimony, and perhaps present evidence

Procedure in a civil case
• Closing Arguments – each attorney summarizes the case, trying to persuade the judge/jury to favor his or her side
• Judge give the jury instructions – tells the jury what rules of law apply to the case and what issues of fact they must decide

Procedure in a civil case
• The jury deliberates – jury retires to the jury room for deliberation in secret to decide the case
• Each jury member must determine whether a preponderance of evidence supports the plaintiff’s case
– 10 out or 12 jury members is needed for a conviction

Procedure in a civil case
• Verdict – jury decision
• Judgment – the final results of the trial
• Writ of execution – court directing the defendant to pay the plaintiff
– Court may seize defendants property and be sold
– Money raised is paid to the plaintiff