Business Law: Torts, Crimes, and Legal Liabilities

Business Law

Table of Contents
Question 1................................................................................................................. 2
Question 2................................................................................................................. 2
Question 3................................................................................................................. 3
Question 4................................................................................................................. 3
Question 5................................................................................................................. 4
Question 6................................................................................................................. 5
Question 7................................................................................................................. 5
References................................................................................................................ 6
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Question 1
Tort explains any injury or harm caused by an individual to another individual due to some
unreasonable acts. The remedy is available as per the law such as the Supreme Court of
Canada provides compensation for recovering the damages caused by the act. It can include
damages caused due to personal injury. For example, falling from a height or motor vehicle
accident and compensation should be provided for the damages caused to the reputation of
product or business (Duhaime, 2011). Criminal law is mainly concerned with the legal rules
and regulations what conduct need to be classified as a crime and the individuals should be
prosecuted who commit crimes. Thus, criminal law basically deals with the actions that
violate the rules and criminal code.
Torts and crimes are considered to be wrongdoings. Criminal law deals with criminal liability
and tort law deal with civil liability. However, there are some torts that give rise to both
criminal and civil liability. The main aim of tort law is to redress the aggrieved parties and
preventing people to commit torts. Therefore, the main purpose is to compensate the victim
for the damages occurred due to the acts (Durbin, 2018). Crimes are the wrongdoings carried
out against the society or state as a whole. The act threatens public welfare and safety. The
main purpose of criminal law is to protect the community from the crimes. The burden of
proof in tort law is considered to be lower such as the predominance of evidence rather than
beyond the reasonable doubt. A plaintiff has to prove that the evidence depicts the tort
committed by the defendant and the plaintiff suffered losses. The burden of proving the guilt
of the defendant is on the prosecution and also establishes that the fact is beyond the
reasonable doubt. In a tort case, the victim or aggrieved party can sue the defendant in the
civil court. The state in the criminal case is responsible to deal with the individual with a
crime.
Question 2
The tort of passing off generally occurs when an individual represents his or her products or
services as being of any other individual. Some business organization can adopt unfair trade
practices. The tort of passing arises when a business organization uses a name which is
similar to the existing business name and people can be misleading to think that the business
is related. It can also occur when an organization sales a product which is similar in look or
presentation to the product which is already available in the market (Edwards et al., 2012). In
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