chapter6 section1 3

BUSINESS LAW IMr. Whisel

Chapter 6

Sections 1-3

SECTION 6.1 GOALS

Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for

another’s tort.

WHAT’S YOUR VERDICT?

After an exhausting day of skiing, Josephina was driving home near sunset. She dozed off momentarily and crossed the highway dividing lane. She then crashed head-on into John’s panel truck. Both drivers were seriously injured, and their vehicles were “totaled.”

Although Josephina was asleep at the time, has she violated any rights of the other driver?

HOW DO CRIMES AND TORTS DIFFER?

Crime An offense against society Public Wrong

Tort A private or civil wrong Offense against individual

What’s Your Verdict? Crime- Reckless Driving Tort- Injuring John and his property

WHAT’S YOUR VERDICT?

On a windy autumn day, Mason was burning dry leaves in his backyard. When he went inside to answer a telephone call, flames from the fire leaped to the next-door neighbor’s fence and then to a tool shed where a small can of gasoline exploded. Soon the neighbor’s house was ablaze, and it burned to the ground.

Did Mason commit a tort?

ELEMENTS OF A TORT

Common Elements in Most Torts Duty

A legal obligation to do or not to do something Breach

A violation of that duty Injury

A harm that is recognized by law Causation

Proof that the breach caused the injury

DUTIES UNDER TORT LAW

The duty not to injure another. (Bodily harm, injury to reputation, or invasion of someone’s privacy)

The duty not to interfere with the property rights of others, for example, by trespassing on their land.

The duty not to interfere with the economic rights of other’s such as the right to contract.

Duty, by law, we all have a certain rights

BREACH

Violation of a duty must be proved Some torts require that the breach is

intentional Would the fire to the neighbor’s house be

intentional? Torts of Carelessness

Negligence Strict Liability

Neither Carelessness or Intent is necessary

INJURY AND CAUSATION Injury

Injury resulting form the breach of duty must be proved

Causation Means that breach of the duty caused the injury Degrees of Causation

Proximate Cause When the amount of causation is great enough

for it to be recognized by the law.

WHAT’S YOUR VERDICT?

Hunt was taking riding lessons from Saddleback Stables. Patterson, the Saddleback instructor, was a skilled rider although only 17 years old. Nevertheless, Patterson negligently lost control for the horse that Hunt was riding. As a result, Hunt was thrown to the ground and injured.

Who was liable for Hunt’s injuries?

RESPONSIBILITY FOR THE TORTS OF ANOTHER Everyone is liable for their conduct Even Insane persons are accountable for

injury to another Vicarious Liability

Liable for the torts of another

SECTION 6.1 GOALS

Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for

another’s tort.

END OF SECTION 6.1

Think About Legal Concepts Think Critically About Evidence

SECTION 6.2 GOALS

Identify nine common intentional torts Define negligence and strict liability

WHAT’S YOUR VERDICT?

During deer-hunting season, Hart drove miles into the country to search of game. He parked his pickup truck along a dirt road, climbed a fence, and hiked into the woods. Hart thought the land was part of a national forest. However, it actually belonged to Quincy, who had posted “No Trespassing” signs. Confronted by Quincy, Hart apologized for his mistake and left.

Was Hart guilty of a tort?

COMMON INTENTIONAL TORTS

Intentional Tort The defendant intended either to injure or the

act Assault

One person intentionally threatens to physically or offensively injure another. Must be believable

COMMON INTENTIONAL TORTS

Battery Harmful or offensive touching of another

False Imprisonment Depriving a person of freedom of movement

without the person’s consent and without privilege

Defamation Statement against someone’s character or

reputation Statement must be false, be communicated to

any third party, bring the victim into disrepute, contempt, or ridicule by others.

COMMON INTENTIONAL TORTS Invasion of Privacy

Unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation

Trespass to Land Entry onto the property of another without the

owner’s consent. Conversion

If property is stolen, destroyed, or used in a manner inconsistent with the owner’s rights

COMMON INTENTIONAL TORTS

Fraud There is an intentional misrepresentation of an

existing important fact

WHAT’S YOUR VERDICT? Britt was driving home late one rainy night

after drinking alcohol all evening. With only one working headlight, she raced down residential streets at speeds up to 50 M.P.H. Meanwhile, Yee was slowly backing her station wagon out of her driveway, but she failed to look both ways when she should have. Britt rammed into the right rear end of Yee’s car. Yee’s station wagon was badly damaged, and she was injured.

Can Yee collect from Britt?

WHAT IS NEGLIGENCE?

Negligence Most common tort Requires all elements but in turn is only

carelessness Duty and Negligence

Requires that we act with care, prudence, and good judgment of the reasonable-person so as to not cause injury to another Under 7 Incapable of Negligence

WHAT IS NEGLIGENCE?

Breach of Duty in Negligence Reasonable-Person Standard

Causation and Injury in Negligence Reasonably foreseeing what could possibly

happen Defenses to Negligence

Other person could possibly be at fault Assumption of the risk

Aware of danger but does something and gets injured. Wet Floor!

WHAT’S YOUR VERDICT?

Mrs. Lamm went to a grocery store and placed a carton of a carbonated soft drink in her shopping cart. One of the bottles exploded and the broken glass cut her leg.

Can she collect in tort from the grocery store or the bottler?

Bottle Defective?

WHAT IS STRICT LIABILITY?

Engaging in a particular activity that resulted in injury

Proof of both the activity and the injury substitute for proof of a violation of duty

SECTION 6.2 GOALS

Identify nine common intentional torts Define negligence and strict liability

END OF SECTION 6.2 QUESTIONS

Think About Legal Concepts Think Critically About Evidence

SECTION 6.3 GOALS

Discuss what damages are available to victims of torts

Explain the various stages of a civil suit

WHAT’S YOUR VERDICT?

Horsley, the owner of a dry cleaning store, lived next door to Early, who was the editor of a small newspaper in their tow. The two quarreled frequently and became enemies. As a consequence, when Early published a story on the drum problem in the town, he identified Horsley as “a drug dealer.” This statement was untrue and defamatory.

What can Horsley collect from Early?

WHAT CAN YOU COLLECT? Injunction

Court order to do or not to do a particular act. Damages

Monetary award to the injured party to compensate for loss.

Actual or Compensatory Damages Difficult to place a dollar amount on things,

usually decided by a jury Contingency Fee

Fee a lawyer recovers in cases such as this.

WHAT CAN YOU COLLECT?

Punitive Damages Punishment for malicious defamation and as and

example to deter others. Always available in intentional torts

WHAT’S YOUR VERDICT? Claxon’s car collided with Da Lucia’s in an

intersections that had four-way stop signs. Claxon’s car was badly damaged by Da Lucia’s car, so she sued for damages. Claxon claimed that Da Lucia was going at least 20 miles per hour and had not stopped, but had merely slowed down, for the sign. Da Lucia claimed he had stopped and had not yet reached five miles per hour. He said he entered the intersection first and Claxon tried to swing around his front end but had failed. Two Witnesses saw the accident and could testify.

How can the court determine what really happened?

HOW IS A CIVIL CASE TRIED? Judges and Juries Judges decided issues of law Juries decide issues of fact When there is no jury, Judge makes all

decisions Listen to Witness Testimony

Someone who has knowledge of the facts and makes a statement

Expert Witness One who has superior knowledge

HOW IS A CIVIL CASE TRIED? Evidence

Includes anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts.

Civil Juries 6 to 12 Citizens Listen, Review, and Decide Facts Do not have to be unanimous

Subpoena Written order by the judge commanding a

witness to appear in court to give testimony. If no show, Contempt of Court

HOW IS A CIVIL CASE TRIED?

Verdict Decision of the jury

Judgment Final result of the trial

WHAT’S YOUR VERDICT?

Stevens brought a civil suit against Alvarez for Breach of contract in building a warehouse. Stevens won a judgment of $35,000. Alvarez objected to the decision. However, she did not appeal because her lawyer told her that there was no basis for appeal. Nevertheless, Alvarez stubbornly refused to pay Stevens.

What steps could Stevens take to collect judgment?

HOW IS THE JUDGMENT SATISFIED?

Defendant with pay judgment and if the defendant does not pay, the plaintiff may obtain a writ of execution Execution means the process by which a

judgment for money is enforced Seizing car, bank account, anything that will collect the

value owed.

SECTION 6.3 GOALS

Discuss what damages are available to victims of torts

Explain the various stages of a civil suit

END OF SECTION 6.3 QUESTIONS

Think About Legal Concepts Think Critically About Evidence Chapter in Review