Business Law

Business Law Summary: Found Property and Intentional Torts 

Found Property 
 Overview of Law 

Laws exist at federal, state, and local levels. Federal laws apply nationwide, state laws apply within a state, and local ordinances apply within cities or counties. 

Public vs. Private Entities 

Public entities include governments supported by taxpayer funds. Private entities include businesses such as Microsoft, Walmart, and Kroger. 

Constitutions 

The U.S. Constitution is the supreme law of the land and includes the Bill of Rights. State constitutions may provide more rights than the federal constitution but cannot provide fewer. 

Statutes 

Statutes are written laws created by legislative bodies. Federal statutes are enacted by Congress, while state statutes are enacted by state legislatures. 

Administrative Law 

Government agencies such as the IRS, OSHA, and state agencies create regulations authorized by legislatures. 

Common Law 

Common law is based on court decisions and precedents. Courts often follow earlier decisions when deciding similar cases. 

Criminal Law 

Criminal law addresses offenses against society. Cases are brought by the government against an individual. Guilt must be proven beyond a reasonable doubt, and jury verdicts must be unanimous. Crimes include felonies, misdemeanors, and violations. 

Civil Law 

Civil law involves disputes between individuals or organizations. The plaintiff must prove liability by a preponderance of the evidence. In many civil cases, fewer than all jurors must agree to reach a verdict. Examples include divorce, breach of contract, and negligence. 

Key Takeaway: The legal system derives authority from constitutions, statutes, administrative regulations, and court decisions. Criminal law focuses on punishing wrongdoing against society, while civil law resolves disputes between parties and usually requires a lower burden of proof. 

·                Abandoned property: intentionally discarded property; ownership goes to the finder. 

·                Lost property: accidentally lost property; finder has rights against everyone except the true owner. 

·                Mislaid property: intentionally placed and forgotten; belongs to the owner of the premises until claimed. 

·                Treasure trove: old valuables such as gold, silver, or jewels; generally belongs to the finder. 

Torts 
 

A tort is a civil wrong that causes injury or loss. Tort law allows injured parties to seek compensation through civil lawsuits. 

Damages: 

·                Compensatory damages compensate for actual losses. 

·                Punitive damages punish wrongful conduct. 

Major Categories of Torts: Intentional torts, negligence, and strict liability. 

Intentional Torts 

·                Assault: creating fear of immediate harmful or offensive contact. 

·                Battery: harmful or offensive physical contact. 

·                False imprisonment: unjustified confinement against a person’s will. 

·                Defamation: false statements harming reputation. Slander is spoken; libel is written. Defenses include truth, absolute privilege, and qualified privilege. 

·                Invasion of privacy: intrusion, false light, appropriation of identity, or public disclosure of private facts. 

·                Intentional infliction of emotional distress: extreme and outrageous conduct causing severe emotional harm. 

·                Fraud: knowingly misrepresenting a material fact to induce reliance. 

·                Trespass to land: interference with possession of real property. 

·                Trespass to personal property (conversion): wrongful taking or control of another’s personal property. 

Key Legal Terms: Plaintiff = person bringing the lawsuit; Defendant = person being sued. 

 1.        Assault- fear of touching someone.

2.        Battery- actually touching them.

3.        False imprisonment- holding someone against their will.

4.        Defamation- false statements that is heard by a third party

·      Slander- the spoken word.

·      Libel – the written word things like on social media.

·      Opinion- opinion is not defamation.

Three defenses of defamation

·      The truth.

·      Absolute privilege- statements in court.

·      Qualified privilege- employee evolution.

5.        Invasion of right to privacy- subjecting a person to undesired publicity.

·      Intruding into a person affair/seclusion.

·      Placing a person in a false light.

·      Appropriation of identity.

·      Public disclosure of private facts.

6.        Intentional infliction of emotional distress

·      Also known as the tour of “outrage.”

·      Acts that are so extreme and outrageous that they cannot be tolerated in a civilized society

7.        Fraud- lying on people with the intent to make plaintiff believe, and plaintiff reasonably believes.

As is

8.        Trespass to land- interfering with an owner right to exclusive possession of land.

Tress = x 3

9.        Trespass to personal property- known as “conversion.”

·      Occurs when someone steals personal property.

10.  Intentional interference with a contract

·      Must know about the contract

·      Must intent to make the person break the contract

·      Must

Negligence

Intentional Torts

·       Assault

·       Battery

·       False Imprisonment

·       Defamation

·       Invasion of Privacy

·       Intentional Infliction of Emotional Distress (a.k.a. “Outrage”)

·       Fraud

·       Intentional Torts against property.

Negligence

·       Accidental harm

·       Defined as doing something that a reasonable prudent person would not do, or not doing something that a reasonable prudent person would do in similar circumstances. (what is everyone else doing?)

Four elements that a plaintiff must prove in a negligence case:

1.          That defendant owed plaintiff a duty of care;

2.          That defendant breached their duty of care;

3.          That defendant’s act caused plaintiff’s harm;

4.          That plaintiff suffered damages.

The Defendant owed a duty of care

All owe a duty of care to act reasonably.

·       Special cases for landowners

                   *Trespassers – no duty of care owed

·       2 exceptions

                           → No man traps.

                           → Attractive nuisance doctrine. (Minor under the age of 18 must protect kids on your property.)