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    BUS702 - Law Group Presentation

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    Rosanno David
    The purpose of having laws is to establish legal consequences for harmful acts. There are criminal consequences like imprisonment or fines to punish wrongdoers. There are also civil consequences through tort law, such as requiring defendants to pay damages to compensate the harmed plaintiff. Laws aim to punish criminal behavior and provide remedies for victims of harmful acts through both criminal and civil law.

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    BUS702 - Law Group Presentation

    Uploaded by

    Rosanno David
    21 views12 pages
    The purpose of having laws is to establish legal consequences for harmful acts. There are criminal consequences like imprisonment or fines to punish wrongdoers. There are also civil consequences through tort law, such as requiring defendants to pay damages to compensate the harmed plaintiff. Laws aim to punish criminal behavior and provide remedies for victims of harmful acts through both criminal and civil law.

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    BUSINESS LAW SLIDE SHARE

    Original Title

    BUS702_Law-Group-Presentation (4)

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    The purpose of having laws is to establish legal consequences for harmful acts. There are criminal consequences like imprisonment or fines to punish wrongdoers. There are also civil consequences through tort law, such as requiring defendants to pay damages to compensate the harmed plaintiff. Laws aim to punish criminal behavior and provide remedies for victims of harmful acts through both criminal and civil law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    21 views12 pages

    BUS702 - Law Group Presentation

    Uploaded by

    Rosanno David
    The purpose of having laws is to establish legal consequences for harmful acts. There are criminal consequences like imprisonment or fines to punish wrongdoers. There are also civil consequences through tort law, such as requiring defendants to pay damages to compensate the harmed plaintiff. Laws aim to punish criminal behavior and provide remedies for victims of harmful acts through both criminal and civil law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 12

    What is the purpose of having laws when

    people in the society breaks them?

    Legal Consequences

    Jaqueline Ballesteros
    Student No. 12300948

    Today, I will present to you the purpose of having laws in the society.

    Legal Consequences.

    There are many situations where the law makes us responsible for harm suffered by
    another person

    BUS702_Law Group Presentation Page 1 of 12


    Deliberately causing harm

    Carelessly causing harm

    Jaqueline Ballesteros Student No. 12300948

    ..and it is not only when we deliberately and directly cause the harm. We can be held
    responsible if we cause the harm indirectly, or if the harm is a result of carelessness.

    BUS702_Law Group Presentation Page 2 of 12


    Criminal consequences

    Civil consequences

    Jaqueline Ballesteros Student No. 12300948

    ..after a court finding that one person has caused harm to another.

    The one causing harm could be facing criminal or civil consequences

    Examples:
    Criminal - Imprisonment and confiscation of criminal profits

    Civil - Damages, the purpose is to give the plaintiff entitlement or compensation for the
    loss or injury suffered as a result of the defendant's harmful act/conduct.

    Injunction, is a court order where a person is required to do or refrain from doing certain
    acts.

    BUS702_Law Group Presentation Page 3 of 12


    Criminal Law
    Purpose:
    Punishment of
    the wrongdoer

    Jaqueline Ballesteros Student No. 12300948

    the objectives of criminal law are:

    -punishment
    -deterrence
    -incapacitation
    -rehabilitation

    and the criminal law seeks to achieve these objectives through the imposition of penalties
    upon the finding of guilt at a criminal trial. Criminal penalties range in severity, and
    include:

    -warnings
    -fines
    -imprisonment, and
    -confiscation of criminal profits

    Fines are the most common criminal penalty

    BUS702_Law Group Presentation Page 4 of 12


    Sources of Criminal law

    Jaqueline Ballesteros Student No. 12300948

    Each Australian jurisdiction has its own criminal legislation.

    In four (4) jurisdictions - the Australian Capital Territory, New South Wales, South Australia
    and Victoria --- the criminal law consists of a combination of criminal legislation and
    common law principles.

    In the other four (4) Australian jurisdictions - Queensland, Western Australia, Tasmania
    and Northern Territory --- the parliaments have codified the criminal law, meaning they
    have passed comprehensive legislation that overrides the common law.

    BUS702_Law Group Presentation Page 5 of 12


    Tort Law
    Purpose:
    Provision of remedy to the
    victim of the harmful act

    Jaqueline Ballesteros Student No. 12300948

    A harmful act may be a tort. The work tort is derived from latin word 'tortus' meaning
    'wrong' or 'crooked'

    A tort is a civil wrong, meaning it is an act that causes harm to another person and gives
    that person the right to commence litigation to recover compensation or some other civil
    remedy

    If criminal law is concerned with punishment of the wrongdoer, Tort Law is concerned with
    the provision of remedy to the victim of the harmful act

    BUS702_Law Group Presentation Page 6 of 12


    Differences between tortious and criminal liability

    Jaqueline Ballesteros Student No. 12300948

    There are other important differences between tort and crime relating to
    -how an action is commenced
    -the standard of proof, and
    -outcome of the proceedings

    BUS702_Law Group Presentation Page 7 of 12


    Contract Law
    Purpose:
    Provision of remedy to the
    victim of the harmful act

    Jaqueline Ballesteros Student No. 12300948

    A contract is a legally enforceable agreement. If a person who engages in harmful conduct


    has a contractual relationship with the victim of the harm, then the harmful conduct may
    give rise to contractual liability.

    Same with Tort, contract law is concerned with the provision of a remedy to the victim of
    the harmful act

    BUS702_Law Group Presentation Page 8 of 12


    Differences between contractual and tortious liability

    Tortious liability can arise in the absence of a


    contract

    Contractual liability arises only if there is a


    contract in existence between the plaintiff and the
    defendant

    Jaqueline Ballesteros Student No. 12300948

    BUS702_Law Group Presentation Page 9 of 12


    Statute Law
    Purpose:

    Prohibits specific
    types of harmful
    conduct

    Jaqueline Ballesteros Student No. 12300948

    A harmful act may -- in addition to being a crime, a tort/or a breach of contract ---
    contravene one or more statutes, giving rise to Statutory liability

    Many statutes impose legal liability. Example, Tom deliberately sets the weighing scale
    improperly, Tom not only breaches the contract with the consumer, he also contravenes
    with the Australian Consumer Law.

    Contract Law and Tort Law are primarily made up of case law, and typically prohibit
    general forms of harmful conduct such as dishonesty and carelessness. Statute Law, on
    the other hand, is made by parliaments to prohibit specific types of harmful conduct such
    as misleading and deceiving consumers, breaching copyright or breaching a duty to avoid
    insolvent trading

    BUS702_Law Group Presentation Page 10 of 12


    Vicarious
    Purpose:
    Liability of an employer for the
    negligence of an employee

    Jaqueline Ballesteros Student No. 12300948

    In some circumstances, a person will be held liable for harm caused by another. This is
    known as Vicarious Liability.

    It arises most frequently within an employer and employee relationship. For example
    Eloisa will be held liable for any harmful conduct by her employee at the Eloisa Salon while
    Vanessa her hairdresser/stylist/assistant are carrying out her duty, let say Vanessa
    carelessly put too much bleach/chemical in the clients hair which resulted to severely
    damaged hair.

    This law is concerned with the liability of an employer for the negligence of an employee.

    BUS702_Law Group Presentation Page 11 of 12


    Summary:
    If a person deliberately or carelessly causes harm to another person, there
    may be criminal, tortious, contractual and/or statutory consequences.

    If a person has committed a crime they may be prosecuted and penalised.


    They may be punished by way of imposition of warning, a fine or
    imprisonment.

    If a person has committed a tort, the person harmed by the conduct may
    commence civil proceedings to recover compensation. They may be ordered
    to pay damages (monetary compensation) to the plaintiff. Or the court may
    grant an injunction ordering the defendant to refrain from causing such harm
    in the future.

    Jaqueline Ballesteros Student No. 12300948

    BUS702_Law Group Presentation Page 12 of 12

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