BUSINESS LAW
Unit 5
Crime Vs. Tort
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Crime is against
society-public
wrong
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Tort is a private or
civil wrongindividual issue
Judgments-can sue
and get damages
Elements of a Tort
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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
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Breach-a violation of the duty
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Intentional-do on purpose
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Negligence-carelessness
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Mental state of the person is important
Elements of a Tort
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Injury-a harm that is recognized by the law.
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Results from the breach of duty
Elements of a Tort
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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
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Duty
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Breach
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Injury
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Causation
Common Intentional Torts
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Intentional Torts are torts in which the defendant
possessed the intent or purpose to inflict the
resultant injury.
Assault
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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
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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
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Definition-intentional confinement of a person
against their will.
Defamation
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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
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Definition-uninvited intrusion into an individuals
private matters (relationship and activities)
Trespass to Land
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Definition-entry onto the land without the consent of
the owner (intentional)
Fraud
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Definition-the intentional misrepresentation of a
important fact
Negligence
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Definition-most common tort
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Intent to injure is not required
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Carelessness has to be displayed
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Reasonable person standard
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Professionals/Tradesmen have a higher standard
Negligence
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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.
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Damagesmonetary award
to compensate for
the loss.
 Actual/Compensat
ory
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Civil Trial Procedures
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Judge or Jury(6-12)-does not have to be unanimous
Depends on the case-which one you would want
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Plaintiff vs. Defendant
Tort Trial Procedures
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Opening Statements
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Evidence is then presented
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Testimony-statements of written
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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
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Tort Trial Procedures
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Closing Statements-by both sides
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Judge then gives direction to jury to decide the case
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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