BUSA 310 1st Edition Lecture 3 Outline of Last Lecture I Chapter 3 File or Settle II Chapter 5 Torts and Damages Outline of Current Lecture I Chapter 6 Liability and Rebuttals II Chapter 7 Crime III Chapter 8 International Law Current Lecture Chapter 6 Duty of Due Care every person has the responsibility to act responsibly in a situation Foreseeability is when you can see or understand how a problem could happen based on decisions you have already made It s when you know you actions could lead to a problem or injury or cause damages Foreseeability is the key to most torts from chapter 5 You need to be responsible for knowing how to avoid an injury or damage Just because accidents happen does not mean there will always be someone to blame Landowners Liability Landowners have no liability concerning trespassers but if people are on your property and you know they are there or you have invited them then you are liable for anything that happens to them There are different duties for different statuses of people on your property If you know there is a dangerous area on your property you must inform them of the danger If you tell them and provide them with the information then there is less of a chance of a lawsuit but you can still be responsible Standard of Care Depending on your standing you can be held responsible for giving untruthful or wrong advice For example if you would give false information on a subject you know nothing about you wouldn t be held as responsible as a professional in the field also giving false information Used in determining malpractice with doctors by comparing what other trained professionals of the same status would have done in the situation These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute You always have to be able to prove how the person or company is responsible and can be directly related to your injury or damage for a tort You have to be able to explain why you are applying the tort and how they are responsible for it happening Res ipsa loquitur a tactic that can be used to prove that the plaintiff did not have control over the situation and does not have to prove the defense was at fault This shifts the burden off the plaintiff and onto the defense The strategy is rarely used but is effective when the court accepts it There are 3 different strategies that can be used to help the defense I II III Assumption of the Risk this is when the plaintiff took the risks of their actions into consideration but still chose to do them anyways Contributory Negligence this is when you contribute to your own injury When this happens there is no lawsuit and the defense is not held liable and the jury only has to vote you to be 1 contributory to your injury Ex If you work at a company with cancer causing chemicals and are told to always wear a mask but don t wear the mask and get cancer you contributed to your injury Comparative Negligence this is when you say your injury is from one thing out of your control but it could also have been caused by something in your control The jury only has to prove you 51 at fault to not get a trial Ex If you worked at a company with lung cancer causing chemicals and get lung cancer but you also smoke cigarettes which also cause lung cancer State of the Art this represents a way to defend the defense by stating that during the time the company was manufacturing their product there was no proven researched evidence that their product could be harmful If there was no evidence then they cannot be held liable Chapter 7 Crime Criminal case lawyers Prosecutors or U S Attorneys In a criminal trial you have the right to a jury or to no jury but probably have a better chance as the defense with a jury State of Mind The state of mind of the defendant can be used help to not be incriminated for the crime committed and is a main factor when determining the type of murder if applicable If the defense seems unstable you can get motions to get them tested and seen by a psychiatrist Can either say that the defendant was unable to determine right from wrong legally insane during the time of the crime or that they are not competent to participate in their own defense The 4th amendment is big in criminal law Under the 4th amendment lie the rules for search and seizure and probable cause Must always have probable cause before searching a person s personal belongings Unfortunately though criminal law has a lot of double standards and cars seem to be an issue Sometimes cars are searched without warrants or permission for example if your car gets towed 5th amendment and the Breathalyzer Under the 5th amendment you have the right to deny the breathalyzer due to your right to not incriminate yourself This is why you must have your Miranda Rights read to you when you are arrested Another right that is given to you by the 5th is your right to a lawyer as soon as you ask for one and any questioning done after that without your lawyer present cannot be used in the court room Chapter 8 International Law A big thing with international law is making business contracts or any type of contract between different countries If you end up making a contract with a different country make sure you have established I II Who s law applies during a dispute or Choice of Law What currency all business transactions will be made in