H ADM 3387 - Lecture Notes - 10-5-09

H ADM 3387 - Lecture Notes - 10-5-09 - H ADM 3387 Business...

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H ADM 3387 – Business and Hospitality Law Fall 2009 Lecture #9: 10-5-09 New Section: o TORTS – civil wrong, between individuals, can be both crime AND Torts Ex) OJ Simpson’s victims’ families filed for TORTS against him (to get $$ $$$) Common Law 2 Kinds: Intentional : some are crimes (Battery – someone punches you in face, state can convict AND you can sue them – Torts) o *We’re not going to talk about this Unintentional : Négligence – o Prima Facie Case: 1) Duty – you need to have a duty to the person that’s complaining (courts wrote them overtime, then lawyers write reinstatements of them) 2) Breach – did I breach that duty? Ex) Prof has a duty to act reasonably walking down College Ave – if he whips out a baseball bat and sees how many people he can hit, he’s Breached his duty 3) Cause – did I really cause it? 4) Damage or injury – someone has to get hurt (physically and mentally) o Plaintiff’s Negligence –
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H ADM 3387 - Lecture Notes - 10-5-09 - H ADM 3387 Business...

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