1. Chapter 4-1 & 5-2 Crimes and Torts
© 2003 by West Legal Studies in Business/A Division of Thomson Learning

2. Criminal Law vs. Torts Law
Punishes wrongdoers and isolates them from society
Seeks to prove guilt beyond a doubt
Torts law
Emerges from common law precedence
Compensates victims

3. WHAT IS A TORT? A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law

4. Discussion/Question
Tort and Crime
How does a tort differ from Crime?

5. THE DIFFERENCE BETWEEN A TORT AND A CRIME
A crime is public /community wrong that gives rise to sanctions usually designated in a specified code. A tort is a civil ‘private’ wrong.
Action in criminal law is usually brought by the state or the Crown. Tort actions are usually brought by the victims of the tort.
The principal objective in criminal law is punishment. In torts, it is compensation

6. THE DIFFERENCE BETWEEN A TORT AND A CRIME
Differences in Procedure:
Standard of Proof
Criminal law: beyond reasonable doubt
Torts: on the balance of probabilities

7. Question
Are there any similarities between a tort and a crime?

8. SIMILARITIES BETWEEN TORTS AND CRIME
They both arise from wrongs imposed by law
Certain crimes are also actionable torts; eg trespass: assault
In some cases the damages in torts may be punitive
In some instances criminal law may award compensation under criminal injuries compensation legislation.

9. Questions
What are the objectives of tort law?

10. Strict Liability and Product Liability In Tort Law
Liability = responsibility. May be based on fault or it may be strict
Product liability: provides the victims of dangerous products with legal recourse for any injuries suffered.
Strict Liability: is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent
Liability:
Tort: - torts)

11. Strict Liability and Product Liability In Tort Law
Types of fault liability:
Liability:
Tort: - torts)
FAULT LIABILITY
NEGLIGENCE
INTENTION

12. THE OBJECTIVES OF TORT LAW
Loss distribution/adjustment: shifting losses from victims to perpetrators
Compensation: Through the award of (pecuniary) damages
The object of compensation is to place the victim in the position he/she was before the tort was committed.
Punishment: through exemplary or punitive damages. This is a secondary aim.

13. What Are the Most Common Intentional Torts?
Intentional torts are torts in which the defendant possessed the intent or purpose to inflict the resultant injury.

14. Classifying Criminal Law
Focus on severity or seriousness
Felonies vs. misdemeanors
Focus other factors such as nature of damage caused
Organized crime

15. Criminal Procedure Investigation Pretrial procedures Trial Sentencing
Appeals
Secondary liability

16. Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Business Crimes
Compose a scenario to demonstrate your understanding of each of the following crimes
Embezzlement
Stalking and cyberstalking
Mail and
wire fraud
Computer crime
(Continued on the next slide)

17. Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Let’s
Discuss
Business Crimes
Compose a scenario to demonstrate your understanding of each of the following crimes
Identity theft
Bribery
Gambling
Terrorism
Cyberterrorism
Money laundering

18. Defenses to Crimes Infancy Intoxication Insanity Duress Self-defense
Necessity

19. Intentional Torts Against Persons
Assault
Battery
False imprisonment
Intentional infliction of emotional distress
Invasion of privacy

20. Intentional Torts Against Property
Conversion of personal property
Trespass of chattels
Trespass to land

21. Intentional Torts Interfering with Economic Relations
Disparagement (sometimes called “trade libel”)
One company cannot make false vicious statements about another company
Interference with contract rights or prospective business relations
One party cannot tamper with the contract of another person or business

22. General Requirements to Negligence
Duty of care
Breach of duty
Proximate cause
Injury
Negligence per se
Res ipsa loquitur

23. Defenses to Negligence
Contributory negligence
Comparative negligence
Assumption of risk
International jurisdiction

24. Liability Strict liability Joint and several liability
Liability is attached, regardless of who is at fault
Proof of negligence is not required
Joint and several liability
Complete satisfaction of a plaintiff’s damage award is required
Provides an incentive for plaintiffs to name wealthier defendants in a lawsuit

25. Can Yee collect from Britt?
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 miles per hour. 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?

26. Britt’s conduct should be compared to the reasonable man standard to determine whether a violation of the duty occurred.
In this case, a reasonable man would drive at safe speed, only when sober, and with both headlights working. Britt clearly breached the reasonable man standard.
Britt’s speeding was a breach of the duty and it is reasonably foreseeable that speeding will cause injury.

27. Can she collect in tort from the grocery store or Pepsi Co.?
What’s Your Verdict?
Mrs. Lamm went to a grocery store and placed a plastic Pepsi bottle into her shopping cart. One of the bottles exploded and the broken plastic sliced her leg.
Can she collect in tort from the grocery store or Pepsi Co.?

28. Mrs. Lamm could collect from either the store or the bottler under strict liability.