business law civil and criminal liability class 1
Post on 21-Dec-2015
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What is “Business Law”?Course topics• Torts and Crimes Relating to Businesses• Overview of Contract Law, including
Contracts for the Sale of Goods (UCC 2)• Overview of Agency and Laws Affecting
the Employment Relationship• Introduction to Business Forms• Overview of Property Law: Personal,
Intellectual (Copyright) & Real• Wills and Intestate Succession
Review of the Basics Sources of Law• Constitutions (federal/state)• Legislation (federal/state/local)• Judge-made law (federal/state)• Agency regulations (federal/ state)
Review of the Basics The Court System• The 3-tiered system• Trial courts• Intermediate court of appeals• Supreme Court
What Law Applies?Primary Authority• What is it?• Why is it necessary?
Secondary Authority• What is it?• Restatements• Uniform laws
Bedrock of Legal AnalysisThe prima facie case• Elements of the case
Defenses• The basic defenses
IRAC• Issue• Rule• Application of rule to facts• Conclusion
Intentional Torts• Defamation• Assault/Battery• False Imprisonment• Invasion of Privacy/Commercial
Exploitation• Tort of Outrage• Fraud• Interference with contractual
relationship
Assault• Intentional Act that• Creates reasonable
apprehension of• Immediate harmful
or offensive physical contact
Battery• An intentional act
that• Creates a harmful or
offensive contact
Defenses: Self Defense, Consent
False Imprisonment• An intentional act that• Causes actual, unlawful confinement
or restraint• Through force or threat of force• Against the will of the detainee
Defenses: Detention was justified and reasonable; Consent
Invasion of Privacy/Commercial Exploitation(1)Disclosure of
personal information;
(2)Intrusion into another’s private affairs;
(3)Appropriation of the likeness of another;
(4)Putting someone in a false light
www.youtube.com/watch?v=lEXZ2hfD3bU
Tort of Outrage• Intentional infliction of emotional
distress:– An intentional act that– Is extreme and outrageous– And causes– Severe emotional distress
Interference with Contracts
• Existence of a valid contractual relationship or business expectancy;
• Knowledge of the relationship or expectancy by the alleged interfering party;
• Intentional interference inducing or causing breach or termination of the relationship or expectancy; and
• Resultant damage.
Negligence• Four elements
1. Duty of care owed to the plaintiff
2. Breach of the duty3. Which results in (causation)4. Injury
Strict LiabilityIn participating in some limited activities, a business will be liable for harm even though no duty was breached; no intentional tort committed.
Business As Victim• Theft– Shoplifting
• Fraud• Embezzlement• Arson
Shoplifting costs US businesses an estimated $16 billion annually
Business as Criminal• How does a business commit
a crime?–Who forms the intent?–Who commits the act?
RICO• Prohibits two or more
“racketeering acts” to accomplish– Investing in or acquiring a legitimate
business with criminal money–Maintaining or acquiring a business
through criminal activity–Operating a business through
criminal activity