MOS 2275 Biz Law Chapter 4 Notes.docx
MOS 2275 Biz Law Chapter 4 Notes.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Cristin Keller

Chapter 4 How do you prove the tort 1/30/2013 6:38:00 PM The Nature of Torts  A tort is a name of a civil case  it's a special legal term for a special civil case  For private matters  Government is NOT INVOLVED  between two people or an organization  balance of probabilities  It’s is not a criminal case although it may have a corresponding criminal case  It is a CIVIL WRONG  For example: families sued OJ  It's going to be BETWEEN A PLAINTIFF AND A DEFENDANT  the standard of proof is going to be on a balance of probabilities  51% this person is going to be liable  usually asks for an amount of money  damages  to give the plaintiff an amount of money that puts them back in the position as if the defendant didn’t do anything  dealing with intentional torts  some crimes are going to be torts  it is inherently wrong and it causes injury to somebody else  it can be physical, emotional, financial injury loss.  it can be any kind of injury  the idea of tort law is to change the way we act with one another. That we don’t do things that will cause hurt onto someone else Intentional Torts  it doesn't mean that you meant to hurt somebody.  it doesn't mean that you have the intent  it means it’s a deliberate act  you knowingly did something  you WILLED your body to do something  KNOWINGLY Unintentional Torts  You may have not done anything wrong but you SHOULD have done something  for example: you should have been more careful when you gave legal advice to me or you should have watched the road when you crossed. Judicial Remedies  when you hear the word damages = money  in tort law, there are different types of damages  special damages  specific damages  for example: have to get new tires because you hit my car. Here’s the bill  Future damages  projections of future losses  example: you hit my car, I’ve lost my leg, I’ve lost my job and that over the next 20 years you owe me a million dollars  punitive damages  you hit my car, you were speeding so fast. I think you should pay this amount of money, just to punish you and to send a message so that people won’t copy what you did.   Vicarious Liability  For example: if you are hit while you are walking down the street by someone who is an employee of an organization, you might want to sue the organization for the vicarious liability because it is their responsibility to supervise, train and manage their employees. It’s the organization’s ultimate responsibility.  what’s the practical reason why you would want to sue an organization?  because it will put you back into the position before the incident happened  the organization has the money  **the first thing you have to do is if you are the plaintiff is to prove the elements of the tort. Then it is up to the defendant to disprove the element or/and to offer any available defenses to that available tort.  Standard of proof: balance of probabilities. Why isn’t it a beyond a reasonable doubt? Because this is a civil case. This is where someone says someone committed assault and battery and they want money to put them back into the position as if the incident didn’t happen. Trespass to Person: Assault and Battery (THIS IS TORT OF ASSAULT AND BATTERY. There is also one under the criminal code but this is for THE TORT.)  Did the plaintiff fear that they’re going to be touched or hit. Any unwanted physical contact. Fear of contact.  assault.  how do you prove assault? What other evidences is the plaintiff going to bring in? You bring in a witness. You have to bring in someone to bring in evidence that saw you were afraid  subjective fear.    for example for something that is NOT AN ASSAULT: if someone is holding beer bottle and is about to hit you from BEHIND  Battery  example: if someone is going to hit you with that bottle.  what is the actual standard of proof? Balance of probabilities  How do you prove battery? Injury. Took pictures. Emergency room. Witnesses testifying.  Defendant  the defendant has to first of all try to disprove the evidence Different defences a defendant can say/use:  for assault: for example we were joking around and you knew we were joking around. You always know that we were joking around – ACCIDENT NOT MISTAKE  or that it was self defence. (self defense is a viable defense but it has to be a reasonable force) – SELF DEFENCE  CONSENT – for example: you consented that we would cut your body. You signed this paper.  What are the elements of assault and battery?  fear of assault and balance of probabilities Trespass to land  someone is on your land without the lawful authority to be there  what cons
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