BUS 393 Chapter Notes - Chapter 2: Intentional Tort, False Imprisonment, Product Liability
Document Summary
Tort = private wrong, injured party (not state) brining action. If wrongful act causes injury, injured person can sue wrongdoer in private/civil court action. Crime = offensive conduct considered serious enough for state to get involved & prosecute offender. Specific conduct can be crime & tort, results in 2 court procedures. Vicarious liability = employer responsible (vicariously liable) for all torts committed by employees in course of their employment. Must be immediate & physically possible to carry out. If someone threatens to beat you up later, no assault. Injury not intended, as long as conduct intended. May take place even where no physical restraint present, person thinks there is no choice. Trespass to la(cid:374)d = so(cid:373)eo(cid:374)e (cid:272)o(cid:373)i(cid:374)g o(cid:374) to a(cid:374)other"s la(cid:374)d (cid:449)/o per(cid:373)issio(cid:374)/authority. Also takes place when someone throw sth onto land/where permanent incursion takes place. If trespasser resists leaving, conduct constitutes assault. Duty owed to trespassers significantly less than duty owed to others using property.