CH 9 09/05/2013
Crime> is offense to public or public duty
Tort▯ is an offense to private/private duty
Any type of offense w/o breech in contract
Assault is threat to do harm
Battery is a non consensual touching
Intentional torts are crimes but you can also sue the person.
When one person acts so outrageous then no one could respond well to it ▯ very difficult to approve. You
have to prove intent
Most common type of tort: negligence ▯ you don’t need intent. You don’t have to intend to harm anyone to
You have to prove there is a civil duty, it was breeched and there was damaged. (ex lost earnings)
Was the robbery foreseeable.
If the bank knew it was likely that people could be held up at the ATM. Foreseeability goes with the duty.
But to what extent does is the business responsible to prevent and not be negligent.
Reasonable person standard▯ all have a duty to act as a reasonable person would under the
How do we know what acting reasonably is?
The jury decides
When a professional fails to act as a reasonable professional under the circumstances.
State v Muffy ▯ Prosecution v De