Chapter seven business torts and product liability. Fraud may be intentional or negligent. To establish a misrepresentation, there must be a misstatement of a material fact--something directly related to the incident, intent, the seller must know the statement is false, the recipient must rely on the information of the seller, causation, and there must be damage.
Product liability is the responsibility of the producers and sellers to the purchaser and user of said products. Strict liability replaced privity of contract to give an injured party a better chance to receive money in a lawsuit from the defected product. Strict liability is based on a warranty either expressed or implied. A manufacturer may be liable for a defective product and a design defect. The manufacturer may also be responsible for failure to warn. The largest dollar amounts ever awarded however, were from unknown hazards. unknown hazards are issues that come up several years later.
Although we hear of large rewards to plaintiffs, our text says that the tort crisis has abated in recent years. I feel that we need the ability to fight companies to guarantee quality products to purchase. I also feel that the people that take advantage of this ability to gain in personal ways need to be stopped.
Wednesday, October 21, 2015
Friday, October 2, 2015
chapater six
As we study chapter six, we learn the elements of tort. Tort law is a private law. Criminal cases generally involve tort cases, however, tort cases rarely involve criminal cases. Omission is referred to as negligence--in more severe cases it is called gross negligence. For torts to be successful, they must prove one of four thins--due care or ordinary care, omission or negligence, a casual connection and the resulting harm to the injured party, and actual harm or damage to the injured party as a result of negligence. Proximate cause protects some people in tort cases. Proximate cause limits liability to consequences that have a reasonable relationship to the negligent consequence. If a consequence is to remote, it will not result in liability.
Comparative negligence is also referred to as contributory negligence. This says that if a defendant contributed negligence to the situation, there may be no recovery. This may be placed into a percentage. After my wife was in an accident, the other ladies insurance company told us that my wife was ten percent to blame because she was there. This seems to be a abuse of contributory negligence. Just being in a place should not be a ground for contributory negligence. If the other lady had not made an illegal turn, the accident would not have happened. In a case in Iowa, four young boys were killed while riding a atv on a public road. The driver of the truck that hit them was charged with vehicular homicide. Since it is illegal to drive an atv on public roads, that is contributory negligence.
To be found liable, a plaintiffs must establish intent. To establish intent, the state of mind of the defendant, the defendant must know the possible consequences of the act, and knowing that certain outcomes will occur must be proven.
We study the difference between assault and battery. Assault is the intentional conduct that place fear in another person, and battery is the unlawful touching of another person. Self-defense and protection of others in trouble can protect a person from assault and battery charges.
In the business world, defamation is more prevalent. Defamation may be the result of a bad exit from a company. When employment does not end in a positive way, bad comments may result placing harm on ex employees or ex employers.
Comparative negligence is also referred to as contributory negligence. This says that if a defendant contributed negligence to the situation, there may be no recovery. This may be placed into a percentage. After my wife was in an accident, the other ladies insurance company told us that my wife was ten percent to blame because she was there. This seems to be a abuse of contributory negligence. Just being in a place should not be a ground for contributory negligence. If the other lady had not made an illegal turn, the accident would not have happened. In a case in Iowa, four young boys were killed while riding a atv on a public road. The driver of the truck that hit them was charged with vehicular homicide. Since it is illegal to drive an atv on public roads, that is contributory negligence.
To be found liable, a plaintiffs must establish intent. To establish intent, the state of mind of the defendant, the defendant must know the possible consequences of the act, and knowing that certain outcomes will occur must be proven.
We study the difference between assault and battery. Assault is the intentional conduct that place fear in another person, and battery is the unlawful touching of another person. Self-defense and protection of others in trouble can protect a person from assault and battery charges.
In the business world, defamation is more prevalent. Defamation may be the result of a bad exit from a company. When employment does not end in a positive way, bad comments may result placing harm on ex employees or ex employers.
Thursday, October 1, 2015
Chapter Five
Chapter five discusses the types of civil and criminal law violations and their punishments. Wire fraud, mail fraud, white collar, blue collar, tax evasion, money laundering, racketeering, and cyber fraud are all discussed in this chapter. We learn terminology as a misdemeanor or felony. We learn of our fifth amendment rights to a Miranda reading. Probable cause and a warrant which involve search and seizure are explained. It seems to me that the a prosecuting attorney has a tougher job than a defense attorney.
Insurance laws are also discussed. These are mostly for insurance fraud. The insurance industry is also legally responsible for the consumer. Controlled business and separation of monies are two very important laws in the insurance industry. Controlled business is the selling of insurance to oneself, business or family. All money must be separated in the insurance business. Money from premiums must be separated from money paid to salespeople for commission.
a good way to remember penalties for crimes is for a class A misdemeanor 1 and 1--fine of up to $1,000 and/or up to one year in jail. For a class four felony 5 and 5--fine of up to $5,000 and/or up to five years in jail.
I do feel that cyber crime is the most dangerous to our society. With the banking and investments done mostly online, we are in danger of giving too much personal information to the wrong people. Stricter penalties should be placed on these crimes either to prevent them from happening or to keep these people in prison so that they don't do them again.
Insurance laws are also discussed. These are mostly for insurance fraud. The insurance industry is also legally responsible for the consumer. Controlled business and separation of monies are two very important laws in the insurance industry. Controlled business is the selling of insurance to oneself, business or family. All money must be separated in the insurance business. Money from premiums must be separated from money paid to salespeople for commission.
a good way to remember penalties for crimes is for a class A misdemeanor 1 and 1--fine of up to $1,000 and/or up to one year in jail. For a class four felony 5 and 5--fine of up to $5,000 and/or up to five years in jail.
I do feel that cyber crime is the most dangerous to our society. With the banking and investments done mostly online, we are in danger of giving too much personal information to the wrong people. Stricter penalties should be placed on these crimes either to prevent them from happening or to keep these people in prison so that they don't do them again.
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