BUS 018 Lecture Notes - Lecture 29: Proximate And Ultimate Causation, False Imprisonment, Reasonable Time

• School: College of The Sequoias
• Department: Business (BUS)
• Course: BUS 018
• Professor: Baiza

Document Summary

Defenses: liability excused if legal justification for conduct. If you can"t prove all elements then it is invalid. Actor must intend to commit the act: consciously intend consequences of act, presumed to intend normal consequences. Or: knew with substantial certainty that the specific consequences would result. Conduct (act) must be considered in law to be wrongful . Wrongful = where legal liability is imposed on actor if act injures another. But for the actor committing the act the injury would not have occurred. Would injury still have occurred had not wrongful act happened. Test: whether a reasonable person would have foreseen that committing the wrongful act would have injured another. Whether the actual injury is a legally recognized injury in tort law. Defense: if actor(tortfeasor) has a legally recognized excuse, tortfeasor excused from liability for harm tortfeasor caused. Burden of proof: tortfeasor must prove by a preponderance of evidence that the wrongful conduct is legally excused or justified.