BUSA 391 Lecture Notes - Lecture 9: Malicious Falsehood, Promissory Note
4 Mar 2013
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You have to have a false statement, defendant has to have wished harmed on the other party. Recklessness of the truth is sufficient to be malice (gossip) Some torts are intentional, knowing that their action could cause that problem. If the defendant did not meet the standard of care, its proved fault. You have to prove causation after being proven fault. You have to have some responsibility to behave to others in a certain way, if you misbehave (be negligent), you must pay the consequences. Some situations you don"t have to prove. In our society when people are injured by other people"s behaviour, we want to compensate, tort is about compensations of person who is injured, crime is about punishment of perpetrator. Situation in which two parties (multiple) make up their own law for the two of them, does not apply to anyone not within agreement, carry out a purpose of some sort.
