Intention to take the persons property or to keep them from their property (destroying property also counts) Crime of thief or larceny Defense of Conversion of Trespass More than just borrowing?????? consent Nuisance Creating disturbance and discomfort (noise) many times Intangible intrusion, can still somehow get into your personal space Defenses for Nuisance Plaintiff moved to the nuisance Most people just want an injunction (where they want no monetary value, just want the nuisance to stop) Special Problems with Torts Employee liability Employers can be liable for their employee work with scope of their employment (when they’re working) then employee is liable Joint and Several Liability
Multiple parties are involved (any and all dependents) Contribution: one dependent pays all of judgment, sues other defendants that they need to pack them back; whoever who is liable to pay but cant pay has to find out one of the others liable and able to pay to pay all of it Modified; >50% contribution have to pay all of it 60% 20% 20% Plaintiff can ask the 60% to pay all of the money OR go to all three and ask for respective amounts They are all on the hook until it is all paid…If the 60% paid more than its share (so like all of it) then he can sue There is equality in terms of the contribution Business Torts: affect a business Intentional Interference w Business Relationships: trying to sabotage a business deal or contract between two other entities: intent interference in a business relationship, proximate clause, there has to be damages 3 parties have to be involved Business relationship has to be contractual There has to be proximate cause: must be direct link between interference with relationship and financial injury There is financial injury Party getting financially injured will sue Defense for Business Tort Competition If the contract hasn’t been signed but is in the works Justification Contractual parties were doing something illegal, the third party knows and has duty to report it Managers Privilege Third party comes in to persuade manager to breach contract Business has right to breach contract in order of intentional interference CASE SPEAKERS OF SPORTS V PROSERV Intentional interference, didn’t win contract was at will Not enough business relationship Deceptive Trade Practices Act Consumers are protected State level laws Consumers buy product that are not real in guarantee Class Actions Would a reasonable person be misled by this, then the plaintiff will win Lanham Act Federal law protecting other companies (prohibits deception business practices, false advertising) gives competing businesses right to sue If a business using false ads can be sued by the other competing companies Commercial Defamation
Defense: truth, individual: distinction between opinion or fact (opinion protected, fact is true), media: defense if didn’t know it was an inaccurate statement Business ruin other business image
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- Spring '08
- criminal law, Injury, plaintiffs