BUSINESS LAW

A tort is defined as a "civil wrong"

If someone is guilty of committing a tort, then the person who suffered damages can sue the accused in civil court (the most likely result being monetary compensation for the victim)

If that same person is guilty of committing a crime during the event, then they may also be prosecuted by the Crown (if charges are laid by the Police and the Crown decides to prosecute)

For your journal entry, answer the following questions:

1) What are the key differences between a civil and a criminal case?

2) Do you think it is fair that a person who commits a tort and a crime may have to potentially face two trials (in criminal court and civil court)?

3) Identify something about Canada's legal system you have learned in this course (so far) that you find interesting and explain why you think it is an important aspect of our legal system.

34. Punitive damages can well exceed actual damages. 36 Fred bumps into a person at the airport and says "Yes!" as a consequence. He is likely liable in tort-battery, but not in criminal law. 37. Fred did all he could to keep debris off of the floor of his mom-and-pop. Mergatroid was shopping for bananas and slipped on one which was on the floor. Mergatroid can likely win if she were to sue. 38. Battery is similar to trespass. 39 Consent negates battery as well as assault. 40. "He never saw it coming" is likely a report of an assault, but not a battery. 41. Fred took Melba on a date. When they got to the restaurant, his passenger door was stuck and she could not get out. Melba has been falsely imprisoned. 42 A negligent tort is likely to be a crime as well. 43. Jake takes Fred's bike without permission. This is trespass, but on these facts, likely not conversion. 44. THE reasonable prudent person in the same or similar circumstances is the tort measure for behavior in fort, whether it be the behavior of an individual or organization. 45. Slander is written defamation whereas libel is spoken defamation. In order to get a verdict in any case in defamation, one must prove damages. 46. A public figure can get an award in defamation more easily than can a nonpublic figure. 47 Sam hit Fred's car in traffic. $300 damages to Fred's car. $300 damages to Sam's car. Fred was 10% at fault. If comparative negligence used Fred gets $250.00. If contributory negligence is used, Fred gets $300. 48 Fred was a skydiver and was hired to do a dive at a county fair. As he was making the dive, wind drove him over into Farmer Mel's field where Fred landed. Fred is a Trespasser. If Fred had landed but did not know it was Farmer Mel's field, Fred would not be a trespasser. "No Trespassing" signs turn a criminal act into a civil act. 49 Nuisance is the invasion of one's exclusive right to posses. 50. Fred's pet, Grump the Miniature Tiger was not so friendly. Standing only & inches tall at the shoulders, Grump bit anyone he could find, except Fred. (Grump is not so dumb. ) Fred kept a close eye on Grump and was not negligent when Grump got out and bit Jake. Fred will not be liable as he was not negligent. End.Pricing Strategy Competition is serious business and sometimes fierce. The stakes are high. Unless the rm has a monopoly, pricing is one area that may be intensely competitive, and not all competition is fair or legal. When considering pricing strategy, the international business manager must be aware of the strategies of otherflrrns when setting the firm's own strategy. Pricing is an important part of the marketing mix. Firms must look at charging different prices in different markets, pricing as a competitive weapon, and the regulatory factors including government control and antidumping regulations. As managers set prices under the strategy, they must be aware of many different dynamics. All will affect the design and implementation of pricing strategy. Roll over the items on the left for a description and then drag each item to the appropriate column. Is it a consideration of price discrimination, strategic pricing, or regulatory inuence? _l__l If the coupon had been delivered, the neighbor would have won a giant sweepstakes. The neighbor has actual cause against the boss, Fred, Penelope, the gardener, and the mailman. On this basis. the neighbor has a good case. 19 Clem is from a hard living family and he eats nails for breakfast. After one especially large breakfast of nails, he became sick and so missed work. Clem wants to sue the nail company. Assumption of the risk might be a defense available to the company. 20 A person who is injured while a passanger in a taxi cab might have a strict liability cause of action. 21. One of Zeke's rentors was late in paying rent. Wondering if the renter had moved out. Zeke went to the house looked in through one of the windows. Zeke saw furniture and other items, but no renter. Assuming the rentor had moved out, Zeke went inside to see if there was anything of marketable value which could be used as a rent payment. He found several items which he began taking out of the house. Just then, the renter came to the house. Zeke has committed the torts of burglary, larceny, trespass, and embezzlement. 22. Martha and Ben were Las Vegas stars who had a wild animal act. One of the animals was Martha's beloved Leonardo the Lion. Leo was a loving mammal who had never shown any tendency towards hostility of any kind. One day while doing the show, Ben's knee buckled and he fell suddenly to the stage floor. This happened in front of Leo, who became immediately concerned and with a big paw tried to grab Ben to help him. Ben was severely injured by Leo's attempt to help. Martha is liable in strict liability. 23. A tort is a civil wrong litigated, if necessary, in civil court. 24. An act which gives rise to a tort action can also be a crime. 25. "Duty" in tort is a responsibility to act or not act that one person owes to another., 26. A physician owes a duty to help everyone he/she can. 27. Fred was a physician who was in a hurry and so did not stop to help a stranger in a medical emergency. Fred breached his legal duty to help. 28. In another instance, Fred stopped to help, but he was negligent in the medical treatment provided. Fred breached his duty to help. 29 The stranger was permanently injured after Fred's help. It is a fact that Fred breached his duty to the stranger which caused damages. Fred is liable in law to the stranger. 30. For every crime there is a civil wrong. For every civil wrong, there is not necessarily a crime. 31. In tort. it is true that duty, breach, causation (both actual and proximate), and damages must happen in order for there to be a tort. 32. Fred's boss was in bad humor because Jake hit his car, and ended up unreasonably yelling at Fred at work. Fred, now upset, was mad when he went home, slamming his front door when he entered. The door knob broke off. beaning Rofo. Fred's dog. This gave Rofo a bad attitude who then growled at the mailman as he delivered the mail. The mailman, now flustered, fails to deliver mail to Fred's next door neighbor, Mergatroid. In that mail was the winning envelope for a 1 million dollar drawing prize. Melba found out after the due date for responding. Melba can sue all of the people named under the theory of proximate cause. 33. The court looks at the amount of damages in determining the importance of a given case.Estitttl Study Questions Chapter 4 Torts and Cytter "l'orts ed into lake. This is an example of an intentional tort. 1. Fred accidentally bump In addition to being a crime. this is an Fred tools .laltc's bilte without permission. intentional tort 3. Fred was skydiving and intended to land in an open field. which he did. its it turned out. the field was owned by Farmer .lones. This is an example of an intentional ten. 4. Fred was skydiving and was blown off course over which he had no control. He landed in Farmer Johns field. This is not an example of a negligent tort nor an intentiottal tort. ii. Punitive damages in a tort action are meant to be a punishment of the litigant against whom they were levied. c. Punitive damages are an award for "hurl" given negligent or intentional action. 7. Fred brought Mala-cl home from a date and at her front drxir gave her a ltiss. which she did not expect norlilte. This is an example of battery. If Mabel did not see the kiss coming. such would be an example of assault. it. Jake invited Sue to his yacht for dinner. They boarded the yacht at the dock and went for a dinner cruise. Alter departing the deck and during dinner. Sue wanted to go heme. ht into the water, and told Sue ifshe .lake lowered the dingy {as small boat} from the yac wanted to go home, site could row there. This is an example of false imprisonment. Ill. When Fred took Jake's bike without Jake's permission, Fred rode it down a very rough road and bent the wheel beyond use. This is an example of conversion. 1 l. a negligent tort is based upon an unintended breach of a duty. no intentional tort intents where one intentionally breaches a duty. :2. Concerning xing one's leaky sinlt, a physician tryin lead to negligence than a plumber trying to fix the sin person" standard. I 3. In order for one to not be held liabi person in the same or similar circumstances. 14. One cannot have proximate cause without actual cause. One cannot have actual cause without proximate cause. 15. Comparative negligence is fault, and then disallowing t damages. in. Fred says nasty things about Jake - accusing Jake ofbeing a thief in front ofJalte's but wanted to harm Jake. The friends overheard friends. Fred ltnew this was untrue, Fred speak, and understood what Fred said. Given these facts, Fred has committed defamation as to late. l? in tile, ifthe matter were d defamation. t 8 Fred' 5 boss said nasty things 14 to the person injured by another's :39 g to x the sink is more likely to Is, using the \"reasonable prudent e in tort. one must he as prudent us a reasonable where the court tries to determine which party is more at he party more at fault from collecting any compensation for efamation, it would be the slander subclassication of to Fred which ntade Fred mad. Fred in turn was nasty to his secretary. Penelope. Penelope was consequently nasty to her gardener when she got home. Goosequently the ganiener was easy to Penelope's mailman who. as a consequence. was so upset that he failed to deliver a time-sensitive winning mail-back coupon at the neighbors house, for which the neighbor was waiting anxiously. Consider the following system of equations 4x + y - z =13 2x - 10y - 2z = -16 4x - 2y - 12z= - 4 a) Will the system converge to a solution using Jacobi Iteration? Why? (5 pts) b) Use Jacobi iteration to find starting with . (15 pts)