Ch 05 notes - Intentional Torts & Negligence

Ch 05 notes - Intentional Torts & Negligence -...

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Business Law Civil vs. Criminal Different standards of evidence Civil Court: Requires preponderous of evidence Criminal Court: Requires beyond a doubt When considering these cases, we look for: 1. Liability: Is someone liable for my safety? 2. Damages: Were there actual damages? (e.g. A careless drive almost hurts a pedestrian. Without actual damages, who would you sue if you were the pedestrian?) Tort Law Injured party can bring a civil lawsuit to seek compensation Tort damages : Monetary damages that are sought from the offending party Wrongful death action : Can be brought about by the beneficiaries of a victim who died of a tort to recover damages Punitive damages : Awarded to punish the defendant Intentional Torts Against Persons 75 Intentional torts require that the defendant possessed the intent to do the act that caused the plaintiff’s injuries. Most of these are criminal cases, but they are all based on civil aspects. Example : A guy hits you in the face while you’re in a bar. Criminal aspect: The guy gets sent to jail, receives probation, etc. Civil aspect: You sue him for compensation for the days you couldn’t make it into work. 1. Assault a. Threat of immediate harm of offensive contact i. Saying “If you come to class again I’ll kill you” is not an assault because it is not immediate. b. OR Any action that arouses reasonable apprehension of imminent harm, where actual physical contact is unnecessary i. A reasonable person has to be scared for his/her life. 2. Battery : Unauthorized and harmful or offensive physical contact w/ another person a. Actual physical contact is unnecessary (e.g. throwing a rock, kicking a briefcase holding a laptop) b. Transferred Intent Doctrine : Sometimes a person acts w/ the intent to injure 1 person but actually injures another. This protects people within the vicinity. 3. False Imprisonment 76 : Intentional confinement or restraint of another person w/o authority or justification and w/o that person’s consent (e.g. shoplifting cases) a. The plaintiff must have been aware that he/her was trapped at the time, not find out afterwards. 4. (Shopkeeper’s Privilege) : Allow merchants to stop, detain, and investigate suspected shoplifters w/o being held liable for false imprisonment if: 1
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Business Law a. There are reasonable grounds for the suspicion. i. This is above a hunch, but less than probably cause… b. Suspects are detained for only a reasonable time . c. Investigations are conducted in a reasonable manner . Wal-Mart Stores, Inc. v. Cockrell (2001)
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This note was uploaded on 02/08/2011 for the course BUS LAW 320 taught by Professor Soos during the Fall '10 term at Rutgers.

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Ch 05 notes - Intentional Torts & Negligence -...

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