In: Accounting
BUSINESS LAW QUESTION
1. If Charlie is being accused of battery, could this be a criminal trial, a civil trial, or both?
Both
Neither
Civil
Criminal
2. Dave is starting a new company making high-end hoodies and needs to find distributors to move his product. He doesn't have any agreements with any distributors at the moment.
His brother Johnny hates Dave and wants to destroy his business, so he goes to all the distributors in town and offers them $5,000 if they refuse to enter into any contract with Dave.
Johnny has committed the tort of tortious interference with contract - true or false?
3. Which of these would be a defense to a claim of defamation, if the plaintiff were NOT a public figure?
a. The defendant believed they were telling the truth.
b. The defendant made the allegedly defamatory statement while they were testifying in a murder trial.
c. The defendant is not a public figure.
d. The defendant did not want to hurt the plaintiff's reputation.
1. The correct answer for the first question is Both, Firstly we will understand what is battery it is a unlawful or unwanted touching or intentional touching of, or application of force to, the body of another person in a harmful or offensive manner.besides any criminal trial, a victim of battery can also file a civil suit against their assailant. While criminal Trial is meant to penalize defendants for their illegal acts,they provide penalty for the actions, civil cases are designed to make the victims "whole" by compensating them for their injuries.In civil trial a person can claim monetary damages.
2.Johnny has committed the tort of tortious interference with contract - True it is true beacuse in Tort of tortious interferance A person intentionally damages someone else's contractual or business relationships with a third party causing economic harm. so according to the question Johnny hates Dave and wants to destroy his business, so he goes to all the distributors(generaaly the third party) in town and offers them $5,000 if they refuse to enter into any contract with Dave.so he tries to damage the Business relationship.
3.The defendant believed they were telling the truth is the correct answer,defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice,Yes. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.