BUSINESS LAW
Unit 5
Crime Vs. Tort
Crime is against
society-public
wrong
Tort is a private or
civil wrongindividual 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
BelievableRaise 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.
Damagesmonetary 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