Business Law Questions Chapter 4 and 5
1) What is the burden of proof in a tort case? Who bears the burden of proof? Balance of
probability. It is a civil case. The plaintiff bears the burden of proof.
2) Describe the legal analysis that you would use to prove an intentional tort. Apply this
methodology to allegations of assault and battery, trespass to land, false imprisonment and
Intentional tort – find the elements of tort, defendant will try to disprove the elements of tort
and present any other defenses
Assault – fear
Battery – unwelcome touch (bring in witnesses to prove)
-defendant might say you consented to it or that it was an accident (someone caused me to run
into you) or that it was through self defense
Trespass to land – actionable per se – no need to have any damages
-you own the property, it’s yours to keep them off of
-defendant might say, it’s not your land or you invited me or I’m a police officer. Doesn’t have to
only be body, can be someone throwing something into your land.
False imprisonment- cause fear and not let you leave
-defendant might say that the door was open, didn’t threaten you, have legal rights to imprison
Defamation – slander and libel – false statement published (one other person has had to read it
or hear it) – cause someone detriment
-defendant might say it isn’t false, it’s the truth
-or that he/she didn’t say it to any other person other than you
-didn’t cause detriment, instead brought you publicity and fame
-absolute privilege (government), qualified privilege (employer to employee)
3) Can you ever be successful in an intentional tort action if there are not any damages? Explain.
Yes, if it’s actionable per se. Trespass to land.
4) Give an example of how an action can be tried as a criminal case and also as a civil case. Why
would a victim (or a victim’s family) sue civilly? Like the OJ case. Family sued OJ for tort of
wrongful death. Civil case- usually to get money, equitable remedy. Trialed on the criminal level
because a criminal act was committed. May be punished for the actions.
5) Explain the case of Donoghue v. Stevenson. Who was the contract between? Who was injured?
Why is this case so important with respect to the law of negli