Favian Ortega BUSN 110 Mastery Assignment (CLO 3) (Mastery) San Joaquin Valley College Describing and analyzing torts, crimes, and contract law will be very beneficial to any person involved in law. Providing a real-life or hypothetical examples of five kinds of intentional torts will be explained. Knowing the difference between a tort and crime is important and whether its possible for a violation to be both a crime and a tort. The conclusion will consist of the concept of “voluntary consent” as it relates to contract law and what impact does mistakes have on contract enforcement. There are four elements to tort law: duty, breach of duty, causation, and injury. To claim damages, there must be a breach in the duty of the defendant …show more content…
17, 2014, in Salt Lake City, Utah, Robert L. Holloway, of San Diego, California, was sentenced to 225 months in prison and ordered to pay $15.2 million in restitution for orchestrating a $33 million Ponzi scheme resulting in $15.2 million in losses to investors. Holloway recruited investors by making false representations, including that US Ventures used proprietary trading software that was consistently profitable. Holloway also generated and distributed reports to investors showing false daily returns on their investments (IRS) Trespassing case example is a Pennsylvania district court this week awarded Aaron and Christine Boring damages of $1 on the trespassing charges, which Google has agreed to pay. The Boring family sued Google in 2008 for privacy, trespassing, negligence, and unjust enrichment after photographs of their home showed up on Street View. A Pennsylvania district judge dismissed the case in February 2009 because, she said, the Borings had failed to prove that the images had caused them any real distress (Chloe Albanesius, …show more content…
Voluntary consent is an important component of enforceability of a contract. Even if all components of a valid contract are present, the genuine agreement by both parties is still a necessity. There are four different situations that could invalidate voluntary contest (1) Mistake of Value define as not knowing the true value of a good or service. (2) Fraudulent Misrepresentation. (3) Undue Influence is defined as results from relationships where one party can greatly influence the other party and overcome that party’s free will. (4) Duress defined as a threat, blackmail, or extortion used to force one party into a contract. For fraudulent misrepresentation, there are 3 components: (1) Misrepresentation of material fact must occur. (2) Intent to deceive. (3) Justifiable Reliance of misrepresentation. Four elements to misrepresentation of material conduct, opinion, law, and silence. Conduct: A customer tells the owner of art gallery that he only wants to see paintings from John Doe, and owner shows painting of someone else. Opinion: A man selling his land states “This land will be worth twice as much next year.” Law: Owner is selling property to customer and tells him “You can build a condo a hundred stories high if you want to.” Even though owner knows of an ordinance preventing buildings
6. (TCO 6) Imagine a world that is populated by 9 billion people. In order to maintain our current quality of life, such a world would require 2.3 planets’ worth of resources. In order to sustain the U.S. way of life, businesses and the government must plan for 30% more people living across the globe. Most of those people will be in developing countries, and the demand will be great for energy, food, and healthcare. Your concern is that you and your production team have been asked by your leadership to create a scorecard to measure your firm’s efforts in sustainability. Your team’s scorecard should necessarily include which? (Select all that apply.)
13. (TCO 3) In 1948, a global forum was created whose purpose it was to reduce trade restrictions on goods, services, ideas, and cultural programs. The results of the efforts of this organization include which? (Select all that apply.)
In December 2008, one of the largest Ponzi scheme surfaced when Mark and Andrew Madoff reported the works of their father, Bernard Madoff to the federal authorities. A Ponzi scheme is an investing scam that promises high rates of return with little risk to investors. The operator generates returns for older investors by gaining new investors. Bernard was arrested on December 11, 2008 and charged with securities fraud. He pled guilty to 11 counts and was sentenced to 150 years in federal prison-the maximum possible prison sentence. A reported $17.3 billion was invested into the scam by Bernie’s clients and only about $2.48 billion have been returned to these victims as of September 2012.
The distinctive body of law which is now referred to as tort arouse in the 1580’s with the first usage of the word ‘tort’ in a legal context. The general creation of ‘tort’ in a court of law was made to allow a party that has suffered harm due to the inactions or actions caused by an opposing party to impeach legal liability to the opposing party or to allow the accused party the right to defend their liability of such harms. The primary purpose of tort law Is to redress imbalances which has led to harm caused by another party this allows aggrieved parties to have the right and freedom to seek compensation for such damages as a court of law sees fit. Tort has a large distinction from other areas of law as crimes are punishable by the state, whereas as for a tort has specific consequences and allows the injured person or party the right to action. Tort’s largest outlying factor which differentiate from other areas of the law is the fact that for other areas of the law the case will classify the pursuant to their seriousness and in regards to tort this would not be the case due to the case will be decided in regards to a party’s legal liability and that the injured party receives right and just compensation for their losses.
Allen Stanford’s Ponzi scheme is considered to be one of the top grossing Ponzi schemes that have been at the forefront of white collar crime. As stated on the U.S. Securities and Exchange Commission website, “a Ponzi scheme is an investment fraud that involves the payment of purported returns to earlier investors by the contribution of new investors that promises to generate high returns with little or no risk” (Sec.gov). These schemes take advantage of people who put their faith in the offender out of trust or any other personal reason and in the case of Allen Stanford it is no different.
As a starting note, any mention of concurrent liability should be assumed to mean concurrently liability in tort and contract. Traditionally the distinction between contract and tort was that contract concerns the improvement of the claimant 's position, whereas tort is concerned with dealing with their position worsening. There has been dispute around concurrent liability and its ambiguity has led to varying decision in cases and statute making as Taylor puts it “the basis of concurrent liability uncertain”. This essay will argue Tort has and is extending itself beyond its traditional role due to judges presumption of morality leading to the unclear concurrent liability we see today. Whilst this concurrent liability shows some
The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict
Its summer time and the most important thing in hot weather is the need to quench your thirst. What is a better drink then a refreshing Lemonade. Since long I was very much interested in opening a lemonade stand, which I finally decided to have it implemented before the summer season starts. After a lot of research and hard work I have come up with a business model that would work efficiently in generating revenue and also help local community.
An action done to an individual that resulted to an injuries or damages, therefore the injured party can file legal actions for it ("Tort Law - Tort | Laws.Com"). In order to recover from the injuries and damages the complainant can actually demand a compensation in a monetary from from the party who caused the injuries. There are two types of tort it can either be constitutional or personal. Constitutional tort is when the person's rights will be forbidden to him/her that is actually provided or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which law will never tolerate ("Tort Law - Tort | Laws.Com").
In the United States justice system, a tort is best defined as an injury or loss that was committed deliberately or negligently by a single person or an entity (Crane). The history of tort law can be traced back to the initial trespass of property or person, but it was not until the 18th century that the distinction between intentional and unintentional acts was made (Columbia Electronic Encyclopedia). In recent years, tort law has become the center of scrutiny through the increase in tort costs, insurance liability costs, and the number of frivolous lawsuits made. This scrutiny has lead to the creation of tort reform. Tort reform is a movement to reshape the way consumers can access the courts by restricting their right to sue and
In this case the four elements were clearly neglected by the nurse. Duty, dereliction, direct course, and damages had to be present in order for the patient to sue the nurse. The patient suffered injuries due to a procedure that was administered by the nurse. The process also caused other injuries to the patient. This gave the patient the burden of proof she needed to prevail in her lawsuit.
Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.
In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.
Perhaps the greatest insight provided by my colleague's discussion is the deconstruction of the process by which the concept of negligence did ultimately emerge as a new tort standard. Here, the discussion illustrates the challenge before a judicial body when a legal conflict appears to bring about a new and previously unforeseen point of contention. In this case, as my colleague highlights so effectively, the charge of fraud would be the only theretofore existent way of legally addressing liability for a business or organization such as the defendant in this case. The great insight provided by my colleague is in acknowledgement of the exhaustive review of existing legal documents engaged by the ruling parties and arguing parties. This process demonstrates well that even where no precedent existing for what would become the charge of negligence,