The document discusses the law of torts and intentional torts. It defines a tort as a civil wrong based on a breach of a duty imposed by law. It distinguishes between torts and crimes, noting that torts involve civil suits between private parties while crimes involve public wrongs. Three intentional torts are discussed in detail: battery, assault, and false imprisonment. Battery involves the intentional physical contact with another. Assault involves threats or actions that cause reasonable apprehension of imminent harmful or offensive contact. False imprisonment involves intentional confinement or restraint of another without lawful justification.
The document discusses key concepts in tort law, including maxims, intentional torts, negligence, and differences between torts and crimes. It provides definitions and examples of key torts such as:
1) Battery, which requires intentional and direct physical interference without consent. Assault requires intentional threat of imminent physical interference, placing the victim in reasonable apprehension.
2) False imprisonment requires intentional and direct total restraint of a person without justification, confining them to a delimited area.
3) Trespass can involve battery, assault, or property interference without justification.
The document examines elements, defenses, and cases related to intentional torts. It outlines objectives of tort law like compensation, punishment, and loss
This document provides an overview of key concepts in the law of torts. It begins by defining different classifications of law, such as public law, private law, substantive laws, and procedural laws. It then defines several important legal maxims and terminology used in tort law. The document goes on to define the meaning and elements of a tort, including wrongful act, legal damage, intention, negligence, and legal remedy. It also discusses key torts like trespass to person and property, assault, battery, false imprisonment, and defamation. For each tort, it provides definitions and examples of relevant case law. The document concludes by outlining the essential elements and defenses for the torts of malicious prosecution.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
This document discusses various topics related to law and the legal system. It defines law, classifies different types of law such as public law, private law, criminal law, and international law. It also discusses sources of law, different types of legal liability including administrative, civil, and criminal liability. Specific topics covered include litigation procedures, types of damages, expert witnesses, physician-patient privilege, and statute of limitations.
This document provides an overview of basic tort concepts and their application to police conduct. It defines torts, intentional torts, negligence, and strict liability. It discusses defenses, damages, and methods to avoid trial in tort cases against police such as summary judgment, directed verdict, and dismissal. Government entities have sovereign immunity from most tort claims but this is waived to some extent by acts like the Federal Tort Claims Act.
Ll.b i lot u 1 origin, nature and scope of law of tortRai University
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
Criminal liability requires an actus reus (guilty act) and mens rea (guilty mind). An act must be forbidden by law and committed intentionally or knowingly to constitute a crime. There are different stages of a crime - intention, preparation, attempt, and commission - but only the last where the criminal consequences are realized is punishable. The measure of criminal liability considers the motive, magnitude of the offense, and character of the offender. Common types of punishment include imprisonment, fines, and in some places corporal or capital punishment. The objectives of punishment are deterrence, prevention, reformation, and retribution, as well as compensation for victims.
The document discusses key concepts in tort law, including maxims, intentional torts, negligence, and differences between torts and crimes. It provides definitions and examples of key torts such as:
1) Battery, which requires intentional and direct physical interference without consent. Assault requires intentional threat of imminent physical interference, placing the victim in reasonable apprehension.
2) False imprisonment requires intentional and direct total restraint of a person without justification, confining them to a delimited area.
3) Trespass can involve battery, assault, or property interference without justification.
The document examines elements, defenses, and cases related to intentional torts. It outlines objectives of tort law like compensation, punishment, and loss
This document provides an overview of key concepts in the law of torts. It begins by defining different classifications of law, such as public law, private law, substantive laws, and procedural laws. It then defines several important legal maxims and terminology used in tort law. The document goes on to define the meaning and elements of a tort, including wrongful act, legal damage, intention, negligence, and legal remedy. It also discusses key torts like trespass to person and property, assault, battery, false imprisonment, and defamation. For each tort, it provides definitions and examples of relevant case law. The document concludes by outlining the essential elements and defenses for the torts of malicious prosecution.
This document provides an overview of the law of tort, specifically the tort of negligence. It defines a tort, distinguishes torts from crimes, and outlines the key types of torts. It then focuses on negligence, explaining the four elements that must be proven (duty of care, breach, causation, damages). It discusses cases that have helped develop these elements and concepts like foreseeability, proximity, standard of care, remoteness, and contributory negligence. The purpose is for students to understand tort law principles and be able to apply them to factual scenarios and case law in seminars and exams.
This document discusses various topics related to law and the legal system. It defines law, classifies different types of law such as public law, private law, criminal law, and international law. It also discusses sources of law, different types of legal liability including administrative, civil, and criminal liability. Specific topics covered include litigation procedures, types of damages, expert witnesses, physician-patient privilege, and statute of limitations.
This document provides an overview of basic tort concepts and their application to police conduct. It defines torts, intentional torts, negligence, and strict liability. It discusses defenses, damages, and methods to avoid trial in tort cases against police such as summary judgment, directed verdict, and dismissal. Government entities have sovereign immunity from most tort claims but this is waived to some extent by acts like the Federal Tort Claims Act.
Ll.b i lot u 1 origin, nature and scope of law of tortRai University
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
Criminal liability requires an actus reus (guilty act) and mens rea (guilty mind). An act must be forbidden by law and committed intentionally or knowingly to constitute a crime. There are different stages of a crime - intention, preparation, attempt, and commission - but only the last where the criminal consequences are realized is punishable. The measure of criminal liability considers the motive, magnitude of the offense, and character of the offender. Common types of punishment include imprisonment, fines, and in some places corporal or capital punishment. The objectives of punishment are deterrence, prevention, reformation, and retribution, as well as compensation for victims.
Ehsan Kabir Solicitor is telling the Laws usually reflect societies values. Ehsan Kabir has past experience in dealing with civil litigation and advising on complex matters.
This document provides notes from a lecture on criminal law jurisprudence. It covers topics such as rape, theft, homicide, estafa, arson and other crimes. Key points include how rape is now a crime against persons, the stages of execution for different crimes, and discussions of qualifying circumstances, exceptional circumstances and the doctrine of absorption as they relate to criminal liability under Philippine law.
This document provides an overview of negligence law and civil actions. It defines a civil action as one brought by a private citizen to enforce or protect private rights, in contrast to a criminal action brought by the government to punish crimes. To prove negligence, a plaintiff must show the defendant owed a duty of care, breached that duty, and caused damages. Causation has two elements - actual cause and proximate cause. Defenses can reduce a defendant's liability if the plaintiff was also partially at fault. The document uses examples to illustrate concepts like duty, breach, causation, damages, and comparative negligence.
This document provides an overview of elements of torts, including business torts, negligence torts, and intentional torts against persons. It discusses key concepts such as duty of care, reasonable person standard, causation including proximate cause, defenses to negligence, and establishes the definitions and requirements for different intentional torts including assault and battery. Real-world examples and court cases are referenced throughout to illustrate applications of tort law principles.
This document provides an introduction to criminal law, including definitions of crimes and differences between civil and criminal law. It outlines key topics like sources of law, purposes of punishment, and classifications of crimes. Criminal law prohibits certain acts and omissions, while criminal procedure governs individuals' rights during the criminal process. Civil law involves private disputes resolved through litigation, with the goal of compensating injuries, while criminal prosecutions are brought by the government to punish wrongdoers and protect the public.
This document provides an overview of the key concepts of criminal liability under Malaysian law, including the definition of a crime, elements of a crime (actus reus and mens rea), and discussions of actus reus. It defines a crime and notes that every crime has its own specific definition. It explains that for criminal liability to exist, there must generally be an unlawful act (actus reus) accompanied by a blameworthy state of mind (mens rea). The document then discusses actus reus in depth, including that it can involve an act, omission, or circumstance, and must be voluntary. It provides examples of when an omission can form the basis of criminal liability and discusses the defense of automat
This document defines and explains key concepts in the law of torts. It begins by defining a tort as a civil wrong or breach of duty that results in harm. The three elements of a tort are outlined as a wrongful act, a legal duty, and damages. Specific types of damages like injuria sine damnum (injury without damages) and damnum sine injuria (damages without injury) are distinguished. Objectives of tort law like determining rights, preventing future harm, and restoring property are also summarized. Overall, the document provides a concise overview of the nature and scope of tort law.
This document summarizes key concepts related to tort law. It discusses the differences between crimes and torts, including that crimes are public wrongs against society while torts are private wrongs against individuals. It also covers types of torts like negligence, intentional torts, and strict liability torts. The document discusses parties to a civil lawsuit, standards of proof, and potential remedies in tort cases like damages. Overall, it provides a high-level overview of tort law fundamentals.
Tort law provides citizens with legal recourse for private civil wrongs committed against them. It aims to compensate victims for harm caused by others through monetary damages awards. The most common tort is negligence, which involves the failure to act with reasonable care. Intentional torts involve deliberate interference with a person's rights and include assault, battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress. Property rights are also protected through intentional torts like trespass, conversion, nuisance, and disparagement. While tort law is a civil matter, some torts like assault may also be criminal offenses.
The document defines and explains key concepts related to tort law. It notes that a tort is a civil wrong that results in harm or injury, for which the remedy is an action for unliquidated damages. For a tort to exist, there must be a wrongful act or omission by the tortfeasor that violates a legal duty and causes damage or injury to the plaintiff. Examples of key elements of a tort claim are provided, and torts are distinguished from crimes and contracts.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...throwaw4y
The document discusses the legal consequences of deliberately or negligently causing harm to others. It addresses four types of legal liability that can arise: criminal, tortious, contractual, and statutory. Criminal liability may result in prosecution and punishment, while tortious, contractual, and statutory liability relate to civil wrongs and provide remedies for victims. The document also discusses when a person can be held vicariously liable for the harmful actions of others, such as an employer for an employee. It examines these concepts in the context of a scenario where an assistant restaurant manager punches a customer, creating potential legal issues for the restaurant owner.
The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]
This document provides an introduction to the law of torts. It defines a tort as a civil wrong that gives rise to a remedy of unliquidated damages and is independent of contract. The three elements of a tort are a wrongful act by the defendant, legal damage to the plaintiff, and the wrongful act must be of a nature that allows legal remedy through damages. Torts can involve personal wrongs like assault, property wrongs like trespassing, or general wrongs like negligence. Available remedies for torts include judicial remedies like damages and injunctions, as well as extra-judicial remedies like self-defense and abatement of nuisance. Defamation involves wrongfully injuring someone's reputation through libel
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
Mba1034 cg law ethics week 9 law & markets 2013Stephen Ong
This document provides an overview of law and markets, including discussions on CEO hubris, tort law, and a case on obesity and product liability lawsuits. It covers key topics such as common law, property rights, intellectual property, contracts, torts, negligence, and strict liability. The readings also include case examples related to false imprisonment, assumption of risk, duty of care, and damages awards.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
Criminal law defines crimes and the rights of individuals in society. The goal of criminal prosecution is to punish defendants for illegal acts. In contrast, civil law governs private disputes between individuals through civil litigation, which aims to compensate plaintiffs for injuries regardless of fault. Key differences between the two areas of law include their goals, parties involved, and requirement of harm or injury in civil cases only.
This document provides an overview of the concept of law. It discusses how laws reflect societal values and human rights. It also describes the different types of laws, including criminal vs. civil laws, and the levels of required proof in each. Additionally, it examines the balance between rights and responsibilities and how the US Constitution works to limit government powers through the principles of separation of powers and judicial review.
LAW OF TORTS LAW OF TORTS LAW OF TORTS LAW OF TORTSgovasek953
The document discusses the law of torts in India. It provides definitions of torts from various legal scholars like Salmond, Winfield, and others. A tort is defined as a civil wrong resulting in unliquidated damages. The key differences between torts and crimes or breaches of contract are outlined. Theories of tortious liability like the "pigeon-hole theory" and the theory of general liability are explained. Landmark cases that have developed the law of torts in India are mentioned. Overall, the document provides a comprehensive overview of the meaning, nature, and development of tort law in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Ehsan Kabir Solicitor is telling the Laws usually reflect societies values. Ehsan Kabir has past experience in dealing with civil litigation and advising on complex matters.
This document provides notes from a lecture on criminal law jurisprudence. It covers topics such as rape, theft, homicide, estafa, arson and other crimes. Key points include how rape is now a crime against persons, the stages of execution for different crimes, and discussions of qualifying circumstances, exceptional circumstances and the doctrine of absorption as they relate to criminal liability under Philippine law.
This document provides an overview of negligence law and civil actions. It defines a civil action as one brought by a private citizen to enforce or protect private rights, in contrast to a criminal action brought by the government to punish crimes. To prove negligence, a plaintiff must show the defendant owed a duty of care, breached that duty, and caused damages. Causation has two elements - actual cause and proximate cause. Defenses can reduce a defendant's liability if the plaintiff was also partially at fault. The document uses examples to illustrate concepts like duty, breach, causation, damages, and comparative negligence.
This document provides an overview of elements of torts, including business torts, negligence torts, and intentional torts against persons. It discusses key concepts such as duty of care, reasonable person standard, causation including proximate cause, defenses to negligence, and establishes the definitions and requirements for different intentional torts including assault and battery. Real-world examples and court cases are referenced throughout to illustrate applications of tort law principles.
This document provides an introduction to criminal law, including definitions of crimes and differences between civil and criminal law. It outlines key topics like sources of law, purposes of punishment, and classifications of crimes. Criminal law prohibits certain acts and omissions, while criminal procedure governs individuals' rights during the criminal process. Civil law involves private disputes resolved through litigation, with the goal of compensating injuries, while criminal prosecutions are brought by the government to punish wrongdoers and protect the public.
This document provides an overview of the key concepts of criminal liability under Malaysian law, including the definition of a crime, elements of a crime (actus reus and mens rea), and discussions of actus reus. It defines a crime and notes that every crime has its own specific definition. It explains that for criminal liability to exist, there must generally be an unlawful act (actus reus) accompanied by a blameworthy state of mind (mens rea). The document then discusses actus reus in depth, including that it can involve an act, omission, or circumstance, and must be voluntary. It provides examples of when an omission can form the basis of criminal liability and discusses the defense of automat
This document defines and explains key concepts in the law of torts. It begins by defining a tort as a civil wrong or breach of duty that results in harm. The three elements of a tort are outlined as a wrongful act, a legal duty, and damages. Specific types of damages like injuria sine damnum (injury without damages) and damnum sine injuria (damages without injury) are distinguished. Objectives of tort law like determining rights, preventing future harm, and restoring property are also summarized. Overall, the document provides a concise overview of the nature and scope of tort law.
This document summarizes key concepts related to tort law. It discusses the differences between crimes and torts, including that crimes are public wrongs against society while torts are private wrongs against individuals. It also covers types of torts like negligence, intentional torts, and strict liability torts. The document discusses parties to a civil lawsuit, standards of proof, and potential remedies in tort cases like damages. Overall, it provides a high-level overview of tort law fundamentals.
Tort law provides citizens with legal recourse for private civil wrongs committed against them. It aims to compensate victims for harm caused by others through monetary damages awards. The most common tort is negligence, which involves the failure to act with reasonable care. Intentional torts involve deliberate interference with a person's rights and include assault, battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress. Property rights are also protected through intentional torts like trespass, conversion, nuisance, and disparagement. While tort law is a civil matter, some torts like assault may also be criminal offenses.
The document defines and explains key concepts related to tort law. It notes that a tort is a civil wrong that results in harm or injury, for which the remedy is an action for unliquidated damages. For a tort to exist, there must be a wrongful act or omission by the tortfeasor that violates a legal duty and causes damage or injury to the plaintiff. Examples of key elements of a tort claim are provided, and torts are distinguished from crimes and contracts.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...throwaw4y
The document discusses the legal consequences of deliberately or negligently causing harm to others. It addresses four types of legal liability that can arise: criminal, tortious, contractual, and statutory. Criminal liability may result in prosecution and punishment, while tortious, contractual, and statutory liability relate to civil wrongs and provide remedies for victims. The document also discusses when a person can be held vicariously liable for the harmful actions of others, such as an employer for an employee. It examines these concepts in the context of a scenario where an assistant restaurant manager punches a customer, creating potential legal issues for the restaurant owner.
The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]
This document provides an introduction to the law of torts. It defines a tort as a civil wrong that gives rise to a remedy of unliquidated damages and is independent of contract. The three elements of a tort are a wrongful act by the defendant, legal damage to the plaintiff, and the wrongful act must be of a nature that allows legal remedy through damages. Torts can involve personal wrongs like assault, property wrongs like trespassing, or general wrongs like negligence. Available remedies for torts include judicial remedies like damages and injunctions, as well as extra-judicial remedies like self-defense and abatement of nuisance. Defamation involves wrongfully injuring someone's reputation through libel
Due process is a fundamental constitutional right that ensures fairness in the criminal justice system. It requires that the government respect all legal rights that are owed to a person according to the fair administration of justice. This includes fair notice of what conduct is prohibited and equal treatment under the law. Due process helps to protect against arbitrary or unfair treatment by the government.
The HeartObjectives· Identify the anatomical structures of the.docxrtodd33
The Heart
Objectives
· Identify the anatomical structures of the cardiovascular system
· Explain how blood flows through the heart, lungs, and body
· Describe the electrical conduction system of the heart
· Explain the cardiac cycle, including how the cardiovascular system contributes to the homeostasis of the body
Assignment Overview
This practice exercise allows students to review the structure and function of the heart.
Deliverables
An annotated resource list of learning tools from the Internet
Step 1 Access and review the online activity:
https://www.youtube.com/watch?v=5tUWOF6wEnk#action=share
Step 2 Access and review the online activity:
https://www.youtube.com/watch?v=H04d3rJCLCE#action=share
Step 3 Access and review the online activity:
https://www.youtube.com/watch?v=fZT9vlbL2uA&feature=youtu.be
Step 4 Using the Internet, search for additional learning aids from reputable sources.
Using the Internet, search for additional learning aids from reputable sources. These can be animations, videos, diagrams, or any other type of resource that you find useful in your studies. Find at least one resource for each of the following topics:
· Heart anatomy
· The electrical conduction system of the heart
· Blood flow through the heart
· Blood flow through the body
· The cardiac cycle
Step 5 Write a brief summary of each topic.
For each topic listed in Step 4, write a brief summary paragraph that explains the major highlights of the topic and briefly explains why you think the resource you have found will help in learning the material. Cite the resource appropriately.
Step 6 Submit your answers.
When you have completed the assignment, save a copy for yourself in an easily accessible place and submit a copy to your instructor using the
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous
INTENTIONAL T.
Mba1034 cg law ethics week 9 law & markets 2013Stephen Ong
This document provides an overview of law and markets, including discussions on CEO hubris, tort law, and a case on obesity and product liability lawsuits. It covers key topics such as common law, property rights, intellectual property, contracts, torts, negligence, and strict liability. The readings also include case examples related to false imprisonment, assumption of risk, duty of care, and damages awards.
The due process clause of the Fifth and Fourteenth Amendments requires that the government respect all legal rights that are "due" to an individual. This helps guarantee fair treatment through the criminal justice process and prevents the government from arbitrarily taking away someone's life, liberty, or property. Due process is crucial for protecting civil liberties and ensuring a just criminal justice system.
Criminal law defines crimes and the rights of individuals in society. The goal of criminal prosecution is to punish defendants for illegal acts. In contrast, civil law governs private disputes between individuals through civil litigation, which aims to compensate plaintiffs for injuries regardless of fault. Key differences between the two areas of law include their goals, parties involved, and requirement of harm or injury in civil cases only.
This document provides an overview of the concept of law. It discusses how laws reflect societal values and human rights. It also describes the different types of laws, including criminal vs. civil laws, and the levels of required proof in each. Additionally, it examines the balance between rights and responsibilities and how the US Constitution works to limit government powers through the principles of separation of powers and judicial review.
LAW OF TORTS LAW OF TORTS LAW OF TORTS LAW OF TORTSgovasek953
The document discusses the law of torts in India. It provides definitions of torts from various legal scholars like Salmond, Winfield, and others. A tort is defined as a civil wrong resulting in unliquidated damages. The key differences between torts and crimes or breaches of contract are outlined. Theories of tortious liability like the "pigeon-hole theory" and the theory of general liability are explained. Landmark cases that have developed the law of torts in India are mentioned. Overall, the document provides a comprehensive overview of the meaning, nature, and development of tort law in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
1. THE LAW OF TORTS
INTRODUCTION
INTENTIONAL TORTS: TRESPASS
2. TEXT BOOKS
• Stewart & Stuhmcke, Australian Tort Law
• *Blay, Torts in a Nutshell LBC 2006
• Luntz and Hambly Torts Cases and Commentary
Rev. Ed. Butterworths
• Sappideen et al Torts Cases Commentary LBC
• Balkin and Davies, The Law of Torts
• Gibson et al Tort Law in Principle LBC 20098
3. WHAT IS A TORT?
•A tort is a civil wrong
•That (wrong) is based a breach
of a duty imposed by law
•Which (breach) gives rise to a
(personal) civil right of action
for for a remedy not exclusive
to another area of law
5. THE DIFFERENCE BETWEEN A
TORT AND A CRIME
•A crime is public /community wrong that
gives rise to sanctions usually designated in
a specified code. A tort is a civil ‘private’
wrong.
•Action in criminal law is usually brought by
the state or the Crown. Tort actions are
usually brought by the victims of the tort.
• The principal objective in criminal law is
punishment. In torts, it is compensation
6. THE DIFFERENCE BETWEEN A
TORT AND A CRIME
• Differences in Procedure:
– Standard of Proof
» Criminal law: beyond reasonable
doubt
»Torts: on the balance of probabilities
8. SIMILARITIES BETWEEN
TORTS AND CRIME
•They both arise from wrongs imposed by
law
•Certain crimes are also actionable torts; eg
trespass: assault
•In some cases the damages in torts may be
punitive
•In some instances criminal law may award
compensation under criminal injuries
compensation legislation.
10. SIMILARITIES BETWEEN TORT
AND CONTRACT
•Both tort and breach of contract
give rise to civil suits
•In some instances, a breach of
contract may also be a tort: eg
an employer’s failure to provide
safe working conditions
12. THE OBJECTIVES OF TORT
LAW
•Loss distribution/adjustment: shifting
losses from victims to perpetrators
•Compensation: Through the award of
(pecuniary) damages
–The object of compensation is to place the
victim in the position he/she was before
the tort was committed.
•Punishment: through exemplary or punitive
damages. This is a secondary aim.
14. INTERESTS PROTECTED IN
TORT LAW
• Personal security
–Trespass
–Negligence
• Reputation
–Defamation
• Property
–Trespass
–Conversion
• Economic and financial interests
15. SOURCES OF TORT LAW
•Common Law:
– The development of torts by precedent through the
courts
» Donoghue v Stevenson
•Statute:
– Thematic statutes: eg Motor Accidents legislation
» Motor Accidents Compensation Act 1999
– General statutes: eg Civil Liability legislation
» The Civil Liability Act (NSW) 2002
16. LIABILITY IN TORT LAW
• Liability = responsibility
• Liability may be based on fault or it may be strict
• Fault liability: the failure to live up to a standard
through an act or omission .
• Types of fault liability:
NEGLIGENCE INTENTION
FAULT LIABILITY
17. Intention in Torts
•Deliberate or wilful conduct
•‘Constructive’ intent: where the
consequences of an act are
substantially certain: the
consequences are intended
•Where conduct is reckless
•Transferred intent: where D
intends to hit ‘B’ but misses and
hits ‘P’
18. Negligence in Torts
•When D is careless in his/her
conduct
•When D fails to take reasonable
care to avoid a reasonably
foreseeable injury to another.
20. ACTIONS IN TORT LAW
• Trespass
–Directly caused injuries
–Requires no proof of damage
•Action on the Case/Negligence
–Indirect injuries
–Requires proof of damage
21. THE DOMAIN OF TORTS
Trespass
Negligence
Nuisance
Defences
Financial loss
Conversion Defamation
Breach of statutory duty
Particular Duty Areas
Concurrent liability
Product liability
Liability of public authorities
Vicarious liability
Intentional torts
24. WHAT IS TRESPASS?
• Intentional act of D which
directly causes an injury to the P or
his /her property without lawful
justification
•The Elements of Trespass:
– fault: intentional act
– injury* must be caused directly
– injury* may be to the P or to his/her property
– No lawful justification
25. THE GENERAL ELEMENTS OF
TRESPASS
Intentional
act
Specific element
The nature of the interference
Physical
Threats
Imprisonment
property
Direct interference
with person or property
Absence of lawful
justification
+ +
+
=
A specific
form of trespass
27. BATTERY
• The intentional act of D which
directly causes a physical
interference with the body of P
without lawful justification
•The distinguishing element:
physical interference with P’s body
28. THE INTENTIONAL ACT IN
BATTERY
• No liability without intention
• The intentional act = basic willful
act + the consequences.
29. CAPACITY TO FORM THE
INTENT
• D is deemed capable of forming
intent if he/she understands the
nature of (‘intended’) his/her act
• -Infants
»Hart v A. G. of Tasmania ( infant
cutting another infant with razor
blade)
–Lunatics
»Morris v Masden
30. THE ACT MUST CAUSE
PHYSICAL INTERFERENCE
• The essence of the tort is the protection of the
person of P. D’s act short of physical contact is
therefore not a battery
•The least touching of another could be
battery
–Cole v Turner (dicta per Holt CJ)
•‘The fundamental principle, plain and
incontestable, is that every person’s body is
inviolate’ ( per Goff LJ, Collins v Wilcock)
31. The Nature of the Physical
Interference
•Rixon v Star City Casino (D places hand
on P’s shoulder to attract his attention;
no battery)
• Collins v Wilcock (Police officer holds D’s
arm with a view to restraining her when D
declines to answer questions and begins to
walk away; battery)
32. SHOULD THE PHYSICAL
INTERFERENCE BE HOSTILE?
•Hostility may establish a
presumption of battery; but
•Hostility is not material to proving
battery
•The issue may revolve on how one
defines ‘hostility’
33. THE INJURY MUST BE
CAUSED DIRECTLY
• Injury should be the immediate The
Case Law:
–Scott v Shepherd ( Lit squib/fireworks in
market place)
–Hutchins v Maughan( poisoned bait left
for dog)
–Southport v Esso Petroleum(Spilt oil on
P’s beach)
34. THE ACT MUST BE WITHOUT
LAWFUL JUSTIFICATION
• Consent is Lawful justification
• Consent must be freely given by the P if
P is able to understand the nature of the
act
– Allen v New Mount Sinai Hospital
• Lawful justification includes the lawful
act of law enforcement officers
36. TRESPASS:ASSAULT
• The intentional act or threat of
D which directly places P in
reasonable apprehension of an
imminent physical interference
with his or her person or of
someone under his or her
control
37. THE ELEMENTS OF
ASSAULT
• There must be a direct threat:
–Hall v Fonceca (Threat by P who shook hand in
front of D’s face in an argument)
–Rozsa v Samuels ( threat to cut P into bits)
• In general, mere words are not actionable
–Barton v Armstrong
• In general, conditional threats are not actionable
– Tuberville v Savage
– Police v Greaves
– Rozsa v Samuels
38. • The apprehension must be reasonable;
the test is objective
• The interference must be imminent
Police v Greaves
–Rozsa v Samuels
–Barton v Armstrong
–Hall v Fonceca
Zanker v Vartzokas (P jumps out of a moving
van to escape from D’s unwanted lift)
THE ELEMENTS OF ASSAULT
39. THE GENERAL ELEMENTS OF
TRESPASS
Intentional
act
Specific element
The nature of the interference
Physical
Threats
Imprisonment
property
Direct interference
with person or property
Absence of lawful
justification
+ +
+
=
A specific
form of trespass
41. FALSE IMPRISONMENT
• The intentional act of D which
directly causes the total restraint
of P and thereby confines him/her
to a delimited area without lawful
justification
• The essential distinctive element
is the total restraint
42. THE ELEMENTS OF THE
TORT
•It requires all the basic elements of
trespass:
–Intentional act
–Directness
–absence of lawful justification/consent
, and
• total restraint
43. RESTRAINT IN FALSE
IMPRISONMENT
• The restraint must be total
– Bird v Jones (passage over bridge)
– The Balmain New Ferry Co v Robertson
• Total restraint implies the absence of a
reasonable means of escape
– Burton v Davies (D refuses to allow P out of car)
• Restraint may be total where D subjects P to
his/her authority with no option to leave
– Symes v Mahon (police officer arrests P by mistake)
– Myer Stores v Soo
44. FORMS OF FALSE IMPRISONMENT
• See the following Cases:
–Cowell v. Corrective Services
Commissioner of NSW (1988) Aust. Torts
Reporter ¶81-197.
–Louis v. The Commonwealth of Australia
87 FLR 277.
–Lippl v. Haines & Another (1989) Aust.
Torts Reporter ¶80-302; (1989) 18
NSWLR 620.
–Dickenson Waters
45. VOLUNTARY CASES
• In general, there is no FI where one
voluntarily submits to a form of restraint
– Herd v Werdale (D refuses to allow P out of mine
shaft)
– Robison v The Balmain New Ferry Co. (D refuses
to allow P to leave unless P pays fare)
– Lippl v Haines
• Where there is no volition for restraint, the
confinement may be FI (Bahner v Marwest Hotels
Co.)
47. KNOWLEDGE IN FALSE
IMPRISONMENT
•The knowledge of the P at the
moment of restraint is not essential.
– Merring v Graham White Aviation
– Murray v Ministry of Defense
48. THE BURDEN OF PROOF IN
TRESPASS
•The traditional position in Common
Law:
– The D bears the burden of disproving fault
•The Highway exception
– Off highway: D disproves fault
– In highway trespass: P proves fault