business law. why might a simple act of carelessness result in legal action?

TORT LAWBusiness Law

Why might a simple act of carelessness result in legal action?

PRE-LEARNING QUESTION

What is the difference between criminal law and tort law?

CRIMINAL LAW AND TORT LAW

A crime is an act against not only a specific individual, but the general welfare, as well.

A tort is a private wrong committed by one person against another.

CRIMINAL LAW AND TORT LAW

A tort will lead the wronged party to try and recover money as compensation for the loss or injury suffered.

CRIMINAL LAW AND TORT LAW

A tort does not, however, call upon the government to punish the wrongdoer.

THE CONCEPT OF RIGHTS

Under tort law all people are entitled to certain rights Be free from bodily harm Enjoy a good reputation Conduct business without unwarranted

interference

THREE ELEMENTS TO ANY TORT

1. The possession of certain rights by an innocent party

2. A violation of those rights by the tortfeasor

3. A resulting injury that somehow hurts the person whose rights were violated

INTENTIONAL TORTS

Intentional torts are actions that deliberately hurt, embarrass, or scare people.

ASSAULT AND BATTERY

The tort of assault occurs when one person deliberately leads another person to believe that he or she is about to be harmed.

The tort of battery involves the unlawful, unprivileged touching of another person.

ASSAULT AND BATTERY

Raymond slapped his wife Charlotte while they were arguing about child support. Which tort did Raymond commit—assault or battery? Battery

FALSE IMPRISONMENT

Law enforcement officers must have probable cause or a warrant to arrest someone, or they can be sued for false imprisonment, or false arrest.

DEFAMATION

Defamation is the wrongful act of injuring another’s reputation by making false statements.

Libel is a false statement in written form.

Slander is a false statement made orally to a third party.

INVASION OF PRIVACY

Invasion of privacy is interfering with a person’s right to be left alone, which includes the right to be free from unwanted publicity and interference with private matters.

TRESPASS

A trespass is the wrongful damage to or interference with the property of another.

CONVERSION

Conversion is interfering with a person’s right to personal property.

NUISANCE

The tort of nuisance is anything that interferes with the enjoyment of life or property.

DISPARAGEMENT

Disparagement consists of lies about objects. The lies could be about quality or ownership.