Chapter 6 Business Law

Duty

1. The duty not to injure someone else (bodily injury, reputation, privacy)

2. Duty to not interfere with the property rights of others

3. Duty to not interfere with the economic rights of others (right to contract)

Tort & elements of tort

1. Duty (Legal obligation to do something)

2. Breach(Violation of duty)

3. Injury (Recognized harm)

4. Causation (Proof that the breach caused the injury)

Vicarious Liability

One person is liable for the torts of another

The degree of causation of a tort great enough to be recognized by law is called

proximate cause

Can an Insane person be held liable for a tort

Typically, an insane person cannot be held liable for a tort due to their inability to understand the nature of their actions or distinguish right from wrong.

Are you held liable if you act recklessly but no injuy was caused

Generally injury must be proved, but if no one is injured, there is no tort.

Assault

An intentional act that creates a reasonable apprehension of imminent harmful or offensive contact in another person, even if no actual contact occurs.

Battery

An intentional and unlawful physical contact with another person without their consent, resulting in harm or offense.

What are considered intentional torts?

Battery, assault, defamation, false imprisonment, trespassing, invasion of privacy, conversion

Strict liability

Holds defandant liable if they engaged in activity that resulted in injury even if they were not negligent.

Conversion

When property that belongs to someone(jewelary, etc) is stolen, destroyed or used in a manner that is inconsistent with the owner’s rights. Occurs when the owner is unaware that conversion is happening.

Defamation

Statements must be false and communicated to a 3^rd party. And bring dispute

Libel

Written defamation

Converter

Someone that has committed conversion, a thief

Slander

Spoken defamation

False Imprisionment

Depriving a person of their movement without their consent and privilege. (Ex. handcuffing, locked in a room/car/cell)

Actual/Compensatory Damages

Amount of money awarded to compensate the plaintiff's loss

Types of Damages

1. Actual/Compensatory
2. Punitive

What do all torts require

All torts require that the breach of duty be intentional.

Interference with Contractual Relations

Enticing or encouraging a person to break a contract by a third party

Punitive Damages

Amount of money a court requires a defendant to pay in order to punish and make an example of the defendant

Reasonable-Person Standard

The duty to act with care and good judgement

Judgement

Final result of a trial

Verdict

Jury's decision in a case

Fraud

Intentionally misrepresentation of an existing important fact, reliance upon which causes financial injury

Subpoena

Written court order compelling a person to appear in court and to testify

What is the most common tort

Negligence

Writ of execution

Punishment if defendant does not pay the final. Defendant’s property (ex. cars, savings acc) will be seized or sold. Proceeds are used to pay the judgement.

Injunction

Judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party.

Evidence for breach in negligence

Reasonable persons test defines duty in this case

What excuses strict liability regarding pets?

Animal is domesticated and does not have a history of harming others.

Defenses to Negligence and differences

Contributory Negligence: When the plaintiff’s own negligence was a partial cause for the injury). In state that follow this rule, the plaintiff collects zero

Comparative Negligence: The plaintiff can be partially at fault, but still collect damages based on % defendant is at fault). California follows comparative negligence rules

Damages vs Compensatory Damages

Damages refer to the monetary compensation awarded to a party for loss or injury, while compensatory damages specifically aim to compensate the injured party for actual losses incurred, including both economic and non-economic damages.

Trespass to land

Going on someones property with no consent and interference with possesion of property.

What is the standard of proof in a civil case?

Proof by a preponderance of the evidence

Defense for slander and libel must show that the statement is

Statement is true

Can a act be a tort and a crime?

No