BLAW 2301 Lecture Notes - Lecture 7: Intentional Tort, Actual Malice, Shopping Cart
Document Summary
A violation of a duty imposed by the civil law. Criminal - government prosecutes, fines go to state, jail time possible. Tort - individuals hire own attorney, plaintiff gets money, no jail time. An event can give rise to both criminal and tort law claims o. Criminal act and plaintiff sues the defendant is a civil case. Contract dispute is over an agreement that at least two people have already made. Tort - there is no deal between people, the plaintiff argues that the law itself creates a duty that was breeched. Does not mean that defendant intend to harm plaintiff o o. Does not matter that you meant to hurt the person or not, but your action was. Harm caused by neglect and oversight rather than by deliberate conduct. Apply the law you know to apply it. First amendment right to free speech is not absolute. Law of defamation concerns false statements o o.
