business law
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Summer 2020
Semester 2 UG 090 : OMANI BUSINESS LAW Lecture 3 : Determine, the nature, meaning and different types of torts.
B.Sc. Accounting, Auditing and Finance and
Bachelor Business Administration
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Introduction
Learning Objectives
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LO 2 Apply general principles of contract, tort and agency law
Define the nature and meaning of a contract.
Apply essential elements of valid contract.
Assess the significance of contracts and contract law in business.
Determine, the nature, meaning and different types of torts.
Explain the Basics of agency.
WHAT IS TORT?
The term 'Tort' has been derived from the Latin word 'Tortum' (to twist), meaning conduct which is twisted, crooked, or not straight
The word tort is equivalent the word wrong in English
Wrongful act whereby wrongdoer violates some legal right vested in another person
A legal wrong or failure to perform a legal duty owed to a certain person or to the society as a whole.
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Salmond: “Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract ort breach of trust or other merely equitable obligation.”
Winfield: “It is an infringement of a right of a private individual giving the right of compensation at the suit of the injured party”
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There are some duties like:
the duty to drive carefully
duty not to make untrue statements about people that might harm their reputation - when we publish a book or a newspaper
the duty not to wander into anyone’s property without permission etc.
WHAT IS TORT?
These duties apply to all of us not because we have agreed to adhere to them but because law imposes them on everyone.
Tortuous duties exist by virtue of the law and are not dependent upon the agreement or consent of the persons subjected to them .
Law of tort is concerned with a person’s responsibility to others.
Applicable to both individuals and business.
Law imposes a legal duty to respect legal rights of others.
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TORT - ESSENTIALS
Duty: defendant had a legal obligation/duty to the plaintiff
Breach of duty: defendant breached their legal obligation to the plaintiff
Causation: defendant’s breach of their legal obligation caused the violation/injury
Injury: evidence of injury as a result of breach
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Different types of tort
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1. Intentional
An intentional tort is one where a defendant knows, or should know, that their actions would bring harm to another person or the person’s property. An example of this would be trespassing onto personal property.
2. Negligent
Negligence torts are not committed on purpose; however, may be the result of a defendant’s carelessness. An example of this would be flammable gas and explosives on a construction site causing damage to someone’s property.
3. Strict Liability
With strict liability torts an individual can be held responsible for violations although not directly the cause of the violation. In other words, the defendant isn’t at fault nor did the defendant act carelessly to cause the violation. An example of this could be a defective product on a construction site causing harm or injury to someone.
Different types of tort
Negligence
Defamation
Nuisance
Tresspass
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NEGLIGENCE
The failure to exercise the standard of care required by law to protect others from harm.
is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
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NEGLIGENCE
Elements of a Negligent act:
Duty: defendant had a legal obligation/duty to the plaintiff
Breach of duty: defendant breached their legal obligation to the plaintiff
Causation: defendant’s breach of their legal obligation caused the violation/injury
Injury: evidence of injury as a result of breach
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Duty of care
obligation to take responsible care to avoid injury to a person whom, it can be reasonably foreseen, might be injured by an act or omission.
A duty of care exists when someone’s actions could reasonably be expected to affect other people.
If someone is relying on you to be careful, and that reliance is, in the circumstances, reasonable, then it will generally be the case that you owe them a duty of care.
Failure to exercise care may lead to foreseeable injury (in other words it could have been avoided with due care taken).
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Breach of duty of care
To successful in the claim of negligence, claimant must give evidence that there was a breach of duty of care of defendant that caused the damage to him. The court will consider whether the defendants act fell below the standard of reasonable care, the “person concerned should do what a reasonable man would do, that could be expected of a reasonable person in the same circumstances.
DAMAGE
Claimant only be compensated if he has suffered actual loss, injury, damage or harm as a consequence of another's action. A claim for compensation for negligence will succeed unless these elements could be proved
The breach of duty gave rise to the harm
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Slipping on ice cream that has spilled from a customer’s tray onto the floor of a food court in a shopping centre;
Tripping on a cracked tile, one edge of which is raised above the level of the rest of the floor in an office building;
Falling down a flight of concrete stairs that are wet, slippery and badly lit in a hotel.
Breach of duty of care
DAMAGE
Claimant only be compensated if he has suffered actual loss, injury, damage or harm as a consequence of another's action.
A claim for compensation for negligence will not succeed unless these elements could be proved
The breach of duty gave rise to the harm
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NUISANCE
A private nuisance is a civil wrong that affects a single individual or a definite number of persons in the enjoyment of some private right which is not common to the public.
A private nuisance is a substantial and unreasonable interference with the private use and enjoyment of one land.
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Public Nuisance
Give me some examples
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Trespass
An unlawful act committed with force and violence on the person, property or right of another.
Trespass are of two types
Trespass to land
b. Trespass to person
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False Imprisonment
False imprisonment involves detaining a person without that person’s consent.
It can take the extreme form of kidnapping or the less extreme form of detaining a shopper for suspected shoplifting without reasonable grounds.
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Defamation
Defamation is the communication of a false statement that harms the reputation of an individual.
The law of defamation protects a person’s reputation and good name against communications that are false and derogatory
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Defamation
Defamation consists of two torts: libel and slander.
Libel consists of any defamation that can be seen, most typically in writing.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person’s reputation. If I spread a rumor that my neighbor has been in jail and this is not true, I could be held liable for slander.
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REMEDIES IN TORT LAW
Purpose of tort law is to COMPENSATE the victim for injuries caused by the tortfeasor.
Remedies normally are in the form of money damages to the injured party.
Damages can be awarded for pain and suffering, to pay medical expenses, to replace/repair damaged property or to pay for lost wages.
Punitive damages to tort feasor may also be awarded in serious acts.
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When a duty of care is owed to a person, and it is breached resulting in injury or damage, the injured person can sue the person who breached the duty of care for damages, which can include:
Compensation for pain and suffering, and loss of enjoyment of life caused by physical injury, psychological injury or both
Past loss of earnings
Loss of future earnings or loss of earnings if your capacity to work is affected
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Past and future medical and related treatment and care expenses
The past and future costs associated with the care you have been provided by loved ones on a voluntary basis (for example if a family member gives up their time to provide care and assistance to you while you are incapacitated)
Past and future damages for the loss of capacity to provide voluntary care to dependent(s) (for example if your injury prevents you from caring for someone who depends on you)
Defences to a Negligence Action
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obvious risk.
inherent risk.
voluntary assumption of risk.
dangerous recreational activity.
exclusion of liabilities.
illegality.
inevitable accidents.
contributory negligence.
Reference
Anon, (2019). [online] Available at: https://www.law.cornell.edu › wex › tort [Accessed 17 Sep. 2019].
Tort.laws.com. (2019). Tort Law - Tort | Laws.com. [online] Available at: https://tort.laws.com/tort-law [Accessed 17 Sep. 2019].
Cooke J. (2017 ) Law of Tort . Pearson (Intl), Print ISBN: 9781292176079, 1292176075, eText ISBN: 9781292176086, 1292176083 . Edition: 13th
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The End/ Questions
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