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LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws 6-1 6-1Offenses Against Individuals 6-2 6-2Intentional.

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Presentation on theme: "LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws 6-1 6-1Offenses Against Individuals 6-2 6-2Intentional."— Presentation transcript:

1 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 1 Personal Injury Laws Offenses Against Individuals Intentional Torts, Negligence, and Strict Liability Civil Procedure CHAPTER 6 Lessons

2 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 2 Offenses Against Individuals Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort LESSON 6-1 GOALS

3 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 3 H O T D E B A T E Your neighbor Shana is using a multipurpose woodcutting machine in her basement hobby shop. Suddenly, because of a defect in the two-year-old machine, a metal clamp from the machine breaks. The metal strikes Shana’s left eye, badly injuring it. The manufacturer had provided a one-year warranty against defects on the machine.

4 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 4 Do you think the manufacturer should be responsible for Shana’s medical expenses?

5 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 5 If the machine was defectively manufactured or designed  Manufacturer Manufacturer is strictly liable for injuries Warranty expired  does not matter, manufacturer still liable

6 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 6 What defense(s) does the manufacturer have against a suit for damages for her injury?

7 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 7 If Shana had made “ material ” modifications to the machinery, the manufacturer may be successful

8 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 8 HOW DO CRIMES AND TORTS DIFFER? A crime is an offense against society— a public wrong. A tort is a private or civil wrong—an offense against an individual injured can sue for money damages (compensate for the injury) acts can be torts and crime

9 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 9 What’s Your Verdict? Josephina skied all day & was driving home near sunset She dozed off momentarily and crossed the highway dividing line Crashed head-on into John’s truck Both drivers seriously injured Both vehicles “totaled” Any crime committed?

10 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 10 What’s Your Verdict? Crime of reckless driving

11 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 11 ELEMENTS OF A TORT Duty - to respect the rights of others Violation of the duty Injury – (no injury = no case) Causation - Proximate Cause – legally recognizable cause of harm Strict Liability - liability is imposed even though intent & carelessness may be lacking

12 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 12 No Injury = No Lawsuit

13 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 13 ELEMENTS OF A TORT Read What’s Your Verdict (beginning of Chapter 6-1) - Did Mason commit a tort??

14 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 14 ELEMENTS OF A TORT Yes - owed a duty to NOT injure neighbors’ property Breached duty when he left fire unattended (on a windy day) Negligence Negligence – most common tort based on carelessness Injury – neighbor’s house burned down Proximate Cause - leaving fire unattended

15 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 15 DAMAGES Neighbor who was injured is entitled to DAMAGES – monetary award to compensate for the loss caused by a tort

16 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 16

17 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 17 RESPONSIBILITY FOR THE TORTS OF ANOTHER In general, all persons are responsible for their conduct and therefore liable for their torts. Vicarious liability is when one person is liable for the torts of another. Parents may be liable if they give their children “dangerous instrumentalities” Guns without proper instruction Established patterns of dangerous behavior

18 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 18 RESPONSIBILITY FOR THE TORTS OF ANOTHER Parents are not liable for the torts of their children unless a statute exists that says otherwise. i.e. Some states hold parents liable, by statute, up to a specified amount of money for property damage caused by the minor child

19 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 19 What if someone sues you?

20 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 20 Offenses Against Individuals A tort is considered to be an offense against society TRUE / FALSE

21 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 21 Offenses Against Individuals F A L S E

22 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 22 Offenses Against Individuals A single act can be both a tort and a crime. TRUE / FALSE

23 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 23 Offenses Against Individuals T R U E

24 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 24 Offenses Against Individuals Degree of causation of a tort great enough to be recognized by law is called a) proximate cause b) intimate cause c) incidental cause d) none of the above

25 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 25 Offenses Against Individuals A - proximate cause

26 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 26 Offenses Against Individuals In order to establish liability for a tort, all of the following must be proved except: a) duty b) breach of duty c) harm recognized by law d) vicarious liability

27 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 27 Offenses Against Individuals D - vicarious liability

28 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 28 Offenses Against Individuals An insane person cannot be held liable for a tort. TRUE / FALSE

29 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 29 Offenses Against Individuals F A L S E

30 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 30 Offenses Against Individuals When one party is held responsible for the tort of another, the liability is called __________________ liability

31 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 31 Offenses Against Individuals vicarious

32 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 32 Offenses Against Individuals Which of the following types of torts are based on carelessness? A) intentional torts B) strict liability torts C) negligence D) none of the above

33 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 33 Offenses Against Individuals C - negligence

34 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 34 Offenses Against Individuals If you act recklessly, but do not harm anyone, there is usually no tort TRUE / FALSE

35 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 35 Offenses Against Individuals T R U E

36 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 36 Offenses Against Individuals Parents generally are held liable for the torts of their children TRUE / FALSE

37 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 37 Offenses Against Individuals F A L S E

38 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 38 Intentional Torts, Negligence, and Strict Liability Identify nine common intentional torts Define negligence and strict liability LESSON 6-2 GOALS

39 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 39 COMMON INTENTIONAL TORTS Intentional torts - torts for which the defendant intended either the injury or the act Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud

40 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 40 ASSAULT The tort of assault occurs when one person intentionally threatens to physically or offensively injure another.  threat must be believable & person must have ability to carry it out Just pointing the gun at someone is assault

41 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 41 BATTERY An intentional breach of the duty to refrain from harmful or offensive touching of another is battery. (shooting / pushing in anger / spitting on / throwing pie in face) -- self defense is not battery -- consenting to contact (sports)

42 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 42 FALSE IMPRISONMENT False imprisonment is depriving a person of freedom of movement without the person’s consent and without privilege. Probable cause – privileged to imprison Merchants allowed to detain (reasonable basis for believing person shoplifted)

43 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 43 DEFAMATION If a false statement injures a person’s reputation, it may constitute the tort of defamation. To be legally defamatory, the statement must be false, be communicated to a third person, and bring the victim into disrepute, contempt, or ridicule by others. If defamation is spoken, it is slander. If the defamation is written or printed, it is libel.

44 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 44 DEFAMATION Exception: statements about public officials or prominent personalities No liability unless statement is made with malice (known to be false when made) Judges, lawyers, jurors, witnesses & other parties in judicial proceedings are also immune for statements made during the trial/hearing Truth is a defense to a defamation charge

45 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 45 INVASION OF PRIVACY Invasion of privacy is defined as the unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation. two-way mirrors (violates expectation of privacy) Politicians, actors & people in the news give up much of their right to privacy when they step into the public domain

46 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 46 TRESPASS TO LAND The tort of trespass to land is entry onto the property of another without the owner’s consent. Trespass may consist of other forms of interference with the possession of property. Dumping rubbish on someone else’s property Breaking someone’s window Intent is required to commit the tort of trespass

47 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 47 Trespass Case Edward and Bertha Briney, a decent, hard-working, God-fearing couple sought only what everyone seeks -- to PROTECT THEIR PROPERTY !! -- owned an old, abandoned farmhouse tried posting “No Trepassing” signs tried boarding up the house

48 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 48 A series of break-ins and trespassing incidents had occurred over the past ten years; most recent one month ago Mr. Briney rigged a spring-gun to a bed frame to protect the premises from intruders Marvin E. Katko and his friends went to the farmhouse looking for antique jars (he was there weeks before and got away)

49 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 49 They entered the house by removing a board from a porch window Marvin went into the bedroom and as he opened the bedroom door, a shot-gun discharged, blowing away a substantial portion of his leg Marvin sued the Brineys for battery What do you think happened??

50 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 50 Marvin won a jury verdict of $30,000 Brineys had to sell off 80 acres to satisfy judgment W H Y ? ? Our society values life more than property! Photos of Parties 

51 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 51 Marvin E. Katko

52 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 52 Edward and Bertha Briney

53 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 53 CONVERSION Conversion occurs when someone’s right to control the possession and use of personal property are violated. Conversion occurs if the property is stolen, destroyed, or used in a manner inconsistent with the owner’s rights. A thief is always a converter. Conversion occurs even when the converter does not know that there is a conversion.

54 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 54 INTERFERENCE WITH CONTRACTUAL RELATIONS Interference with contractual relations occurs when a third party entices or encourages a breach of contract.

55 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 55 FRAUD Fraud occurs when there is an intentional misrepresentation of an existing important fact. The misrepresentation must be relied on and cause financial injury.  Not personal opinions/views

56 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 56 WHAT IS NEGLIGENCE? Duty and negligence -- intent to injure someone is NOT necessary Reasonable- person standard – act with care, prudence and good judgment Standard is different for certain individuals Under age 7 – incapable of negligence If child undertakes “adult activity” – held to adult standard Professionals & Tradespeople – held to higher standard Negligence (most common tort); various degrees

57 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 57 WHAT IS NEGLIGENCE? Breach of duty in negligence – the reasonable person standard defines the duty Causation and injury in negligence – proximate cause (violation of duty must have caused injury)

58 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 58 WHAT IS NEGLIGENCE? Defenses to negligence – contributory negligence (cannot recover); comparative negligence (partial recovery) Assumption of Risk – aware of danger, but decides to subject themselves to the risk

59 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 59 WHAT IS STRICT LIABILITY? Strict liability means holding a defendant liable without a showing of negligence. Strict liability makes the defendant liable if he or she engaged in a particular activity that resulted in injury. Target practice / blasting / crop dusting with dangerous chemicals / storing flammable liquids

60 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 60 STRICT LIABILITY Ownership of dangerous animals also subjects you to strict liability Bears Tigers Snakes Elephants Monkeys Sale of goods that are unreasonably dangerous (seller & manufacturer of defective goods are responsible)

61 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6 Slide 61 Civil Procedure Discuss what damages are available to victims of torts Explain the various stages of a civil suit LESSON 6-3 GOALS

62 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 62 WHAT CAN A TORT VICTIM COLLECT? Two types of remedies generally available for civil lawsuits: An injunction (court order) may be issued to prevent a tort or stop it from continuing. The usual remedy for a tort is damages

63 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 63 DAMAGES Damages are a monetary award to the injured party to compensate for loss. Actual or compensatory damages are intended to compensate the plaintiff for loss. Punitive damages are intended to punish the defendant. – jury decides

64 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 64 Attorney Fees Contingency Fee Basis – lawyer takes a percentage of the recovery 25% - if settled before trial 33% - if won at trial 40% - if won on appeal In all cases  plus filing fees, expert witness reports, etc.

65 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 65 What’s Your Verdict? Horsley, the owner of a dry cleaning store, lived next door to Eardly, who was editor of a small newspaper in their town. The two quarreled frequently and became enemies. As a consequence, when Eardly published a story on the drug problem in the town, he identified Horsley as a “drug dealer.” This statement was untrue and defamatory. What kind of damages could Horsley collect from Eardly in a lawsuit?

66 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 66 What’s Your Verdict? If Horsley could prove injury to her business  damages If Horsley could prove Eardly acted with malice  punitive damages  usually available where intentional torts are committed (not contract law or other torts)

67 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 67 KFC -- Is it slander?

68 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 68 HOW IS A CIVIL CASE TRIED? Judges always decide issues of law. Juries decide issues of fact. 1) Jury selected

69 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 69 HOW IS A CIVIL CASE TRIED? 2) Opening statements – what each party will attempt to prove 3) Evidence presented – documents, charts, sobriety test results, photos, etc.

70 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 70 HOW IS A CIVIL CASE TRIED? 4) Closing arguments and instructions to jury 5) Jury deliberation 6) Verdict - Jury

71 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 71 HOW IS A CIVIL CASE TRIED? 7) Judgment - Judge

72 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 72 KEY TERMS USED IN A CIVIL CASE You’re the Judge – who should win the ball: Alex or Patrick

73 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 73 KEY TERMS USED IN A CIVIL CASE Evidence – materials to prove/disprove alleged facts ITEMS OF EVIDENCE/PROPERTY RECOVERED (1) Type ___ Damaged ___ Lost ___ Recovered ___ Stolen _X_ Taken into Evidence Item Description One (1) small skull apparently human (2) Type ___ Damaged ___ Lost ___ Recovered ___ Stolen _X_ Taken into Evidence Item Description One (1) small bone possibly human (3) Type ___ Damaged ___ Lost ___ Recovered ___ Stolen _X_ Taken into Evidence Item Description One (1) student backpack and assorted contents

74 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 74 KEY TERMS USED IN A CIVIL CASE Testimony – most common form of evidence – statements by witnesses under oath Witness – personal knowledge Subpoena – written court order Verdict – jury’s decision Judgment – final result of trial

75 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 75 HOW IS A JUDGMENT SATISFIED? Ordinarily, when a civil judgment for the plaintiff becomes final, the defendant will pay the judgment. If the defendant does not pay, the plaintiff may obtain a writ of execution.

76 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 76 Writ may be for: Money – (payment, garnish paycheck, etc.) Property – may be forced to sell to pay debt -- lien may exist until property is sold

77 LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 6Slide 77 Can you sue if someone steals your idea and it proves to be a very profitable undertaking?


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