Final Project
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PresentationAssignment3.pptxMEMORANDUM
LAW OF TORTS AND BUSINESS STARTUPS
The Torts that protect against international interference with persons and property
Intentional interference with individuals includes offenses such as a battery, assault, false incarceration, medical battery and malicious prosecution. Assault In the law of torts requires a plaintiff to prove that the defendant threatened him. The plaintiff should believe the threat was genuine and that the accused was capable of carrying out the threat. The battery is the intentional touching of another person without his or her permission and usually, follows an assault. The touching does not have to injure the person but has to offend in one way or the other. The tort of false incarceration occurs where one is confined without legal evidence and against one's will without the ability to escape. Malicious prosecution, on the other hand, is the wrongful prosecution of a person without probable and reasonable cause (Hodgson, & Lewthwaite, 2007).
Trespass, private nuisance, and public nuisance are types of intentional interference with property. Trespass is committed when someone enters another person's property without legal authority or permission. A private nuisance is a situation where noise or any air pollution inhibits one from enjoying one's property. Public nuisance, on the other hand, is the interference with issues of public interest like comfort, convenience, safety or morality (Hodgson, & Lewthwaite, 2007).
The Torts that protect against international interference with persons and property
Defenses to charge of assault and battery
Consent is a defense against battery that states that there were express permission and the plaintiff voluntarily agreed for a physical contact. Self-defense, on the other hand, is the use of reasonable force to protect oneself from physical harm or threat of violence (Epstein, Markell, & Ponoroff, 2014).
Basis for the tort defamation
Defamation is the making of false statements in public about a person and which causes damage to their reputation. For defamation to hold, the plaintiff must ensure that the statement made is false and provided to a third party either through publishing or by word of mouth. The plaintiff must prove that the publisher was negligent or acted maliciously. The subject of the defamatory statement should also provide evidence of damage incurred as a result of the declaration. Mental anguish is sufficient to prove for damages (Hylton, & Howarth, 2016)
Trademark
Trademark is a recognizable design, size or expression which help identify services or products of a particular company from the others. The logo means that the website owner is the sole owner and user of the mark in the ordinary course of services the site provides online. The mark is also a requirement for the application of federal trademarks registration (Epstein, & Sharkey, 2016).
Copyright
Copyright is the legal right granting the creator of an original work full rights for its use and distribution. Copyright is, however, limited and constrained by the exceptions and limitations to the copyright law that also include fair use. The law only protects the original idea and not the ideas that underlie the original expression. The law is also territorial as it only applies to a particular jurisdiction. Copyright do not protect the name of products, businesses or organizations, the title of words and pseudonyms of individuals. Proprietary software companies use software copyright to prevent unauthorized copying of their software's (Hylton, & Howarth, 2016).
References
Epstein, D. G., Markell, B. A., & Ponoroff, L. (2014). Cases and materials on contracts: Making and doing deals. St. Paul, MN: West Acad. Publ.
Epstein, R. A., & Sharkey, C. M. (2016). Cases and materials on torts. New York: Wolters Kluwer.
Hodgson, J. S., & Lewthwaite, J. (2007). Tort law textbook. Oxford: Oxford University Press.
Hylton, K. N., & Howarth, D. (2016). Tort law: A modern perspective. New York: Cambridge.
