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ACTG 2P40 Lecture : day 2*.docx

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salmonlocust771
27 Mar 2012
School
Brock University
Department
Accounting
Course
ACTG 2P40
Professor
Books

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Document Summary

Tort law: writ system, two kinds of torts. Intentional torts: the 6 things you can sue for. Battery: actual contact of a physical nature without consent. *can have assault without battery, but cannot have battery without assault. Entering onto the lands of another without consent of lawful right. Intentional and without lawful justification confining of another to prevent them from exercising the right to leave. Belief that one cannot leave is sufficient. When they arrested you, they had no reasonable belief that you had done something wrong. *vicarious liability not suing that individual, suing their employee (ie, at isaac"s, not suing bouncer, suing brocku) Words that when published would tend to bring a person into disrepute among their peers. Two kinds: libel (written) and slander (oral) *if slander, it must prove a monetary loss, if libel, it is assumed. *opinion: can"t sue if it is just the person"s opinion.

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Related Questions

In answering this question, identify each tort committed. Namethe tort, tell who committed the tort, tell the elements/definitionof each, and tell what facts lead you to believe the tort wascommitted. Next, state what defenses, if any, the defendant had foreach tort committed. State the defense, what is required to provethe defense, and what facts led you to believe that the defense isavailable.

Example: Brian walked up to Danny and punched him in the nose.Danny tried to duck but was hit anyway.

Example Answer: Brian committed two potential torts. First,Brian committed Battery. Battery is the unprivileged intentionaltouching of another. Brian committed this tort when he punchedDanny in the nose. The second tort Brian committed was Assault.Assault is creating a reasonable apprehension or fear in another ofan immediate battery. Since Danny tried to duck, it shows he wasapprehensive of the punch (the battery). There are no defenses forBrian's actions.

Assignment fact pattern:

Kristi was late for work on her first day. Wanting to set a goodimpression, she felt she had to find a way to make it to the hotelon time. As she is walking down the street, she saw a bicycle onMariah’s lawn. Mariah owed Kristi $80 but had never paidher. Kristi decided if she were to ride the bike to work, she maynot be that late. Plus, Kristi figured the bike was worth aboutwhat Mariah owed her and it would only be fair for her to borrowthe bike. Kristi walked onto Mariah’s lawn, picked up the bike, androde it to work.

Kristi made it to work with just a minute to spare. She jumpedoff the bike and ran into the office building. However, in jumpingoff the bike, she also flung it down the sidewalk. Jolie, who wasnot late to work but was outside enjoying a cigarette, saw the bikecome flying at her. Jolie tried to move out of the way but was hitin the leg by the bicycle. The result of the incident was a brokenleg for Jolie.

As Kristi ran into work, she slipped and fell on a puddle ofwater. Brittany, the office janitor had just mopped the floor.However, she failed to put down a wet floor sign to warn thoseentering the building. As a result of the fall, Kristi suffered asprained ankle.

Duress

Johnny, the CEO of Plastic Spoon Inc., is in a bit of a bind. His daughter was kidnapped. The kidnappers are demanding a hefty ransom. Unfortunately for Johnny, he cannot afford the ransom. So, Johnny withdraws the ransom money from Plastic Spoon’s account, and he pays the kidnappers. After returning with his daughter, the directors of the corporation notice the missing funds. The directors report the loss to the police. The directors suspect that Johnny misappropriated the funds, and they tell the police about their suspicions. The police search Johnny’s home without a warrant. They find a letter Johnny was writing that confirms that Johnny took the money for the corporation to pay the kidnappers. The police arrest Johnny, and he is charged with theft. Johnny is charged with embezzlement.

The elements of embezzlement in this state are: The intentional taking of money or property by a CEO or other top official in a corporation without consent.

Are the elements of embezzlement present in this fact pattern?

What affirmative defenses can Johnny raise?

Can Johnny get the letter seized by the police suppressed? Why?

Conduct research on New York City's large soda ban. Pretend youwork at the Paradise City attorney's office. Draft a law thatrestricts the sale of large sugary drinks in Paradise City.

Make sure to define:

1. the type of drinks;

2. the size of drinks;

3. the types of sellers restricted by the law; and

4. the penalty for violating the statute.

Below is an example of a statute you can use a model.

934.21 Unlawful access to stored communications; penalties.

934.21 Unlawful access to stored communications;penalties.—(1) Except as provided in subsection (3),whoever:

(a) Intentionally accesses without authorization a facilitythrough which an electronic communication service is provided,or

(b) Intentionally exceeds an authorization to access suchfacility,

and thereby obtains, alters, or prevents authorized access to awire or electronic communication while it is in electronic storagein such system shall be punished as provided in subsection (2).

(2) The punishment for an offense under subsection (1) is asfollows:(a) If the offense is committed for purposes of commercialadvantage, malicious destruction or damage, or private commercialgain, the person is:

1. In the case of a first offense under this subsection, guiltyof a misdemeanor of the first degree, punishable as provided in s.775.082, s. 775.083, or s. 934.41.

2. In the case of any subsequent offense under this subsection,guilty of a felony of the third degree, punishable as provided ins. 775.082, s. 775.083, s. 775.084, or s. 934.41.

(b) In any other case, the person is guilty of a misdemeanor ofthe second degree, punishable as provided in s. 775.082 or s.775.083.

(3) Subsection (1) does not apply with respect to conductauthorized:

(a) By the person or entity providing a wire or electroniccommunications service;

(b) By a user of a wire or electronic communications servicewith respect to a communication of or intended for that user;or

(c) In s. 934.09, s. 934.23, or s. 934.24.

This is for my business law class! It is very importantto utilize the example statute as a model. Please don'tsend a confusing chart that I can't read or understand. Thank youin advance.