Tort, Consumer protection

Damages: {financial, bodily injury, loss of revenue, harmed reputation}

 Civil lawsuit

o TORT {wrongful act, result in injury to another’s party’s property, dignity or

reputation, which is recognized by law as legitimate basis for liability
 No contract relationship
o BRACH OF CONTRACT
 Under contract
 Parties:
o Plaintiff
o Defendant
 Standards of proof -> plaintiff proves damages, unlawful actions
 Outcome -> damages or equitable relief (payment) or remedies under warranty (use of
warranty right)

 Criminal procedure

o Parties: prosecutor + acensed

o Standard of proof -> beyond reasonable doubt
o Outcomes -> imprisonment, fines if found guilty

Examples:

 Everyday life: expected to act with reasonable care

o IF NOT -> negligent or intentional tort
 Nuisance ( generally related to property) -> injuction (action of a court, ordering the
party who is unlawful to immediately stop)
 Defamation ( sb in public lowers your reputation) -> retraction of former statement
 General rule : Tortfeasor ( who commits tort) is liable for FINANCIAL or MORAL
damages
 Special rules:
1. Tortfeasor with supervisory capacity or employment or animal owner
2. No liability due to situation or contribution to harms

Consumer protection:

 Fairness (ethnically) behavior is expected in a competitive market (towards

competitors and consumers)
 Aim: safeguarding buyers of goods and services against unfair practices
 State can interfere in economics process by legal acts
o Law -> competitive administration, criminal, tort
 Government agencies -> prevent before an unfair behavior
Competitive Laws:

1. Protection of customers ( natural person who acts for purposes who is outside
business trade, profession)
a. No false info
b. Protecting against trademarks infringement
c. Consumer welfare ->requirement in display info about impact on health and
environment, risk of use
d. Rules to provide extra protection to vulnerable groups (elderly,minors)

2. Protection of competitive markets:

a. Prohibited :
i. Restrictive competition cartels
ii. Anti competitive practices that might lead to dominant position
b. Approval mergers and acquisition to avoid distortion of competition
c. Role of amidst subsidies, state owned companies

Business related crimes:

 Corruption
 Tax + financial frauds, accounting manipulation
 Money laundering organized crimes
 Insider trading, misuse of trade secrets
 Main sanctions:
o Imprisonment
o Fines
o Community service
o Prohibition of continuing professional service