Identify and describe the different categorization of crimes? How are crimes different than torts?
The common categorization of crimes includes treason, felonies and misdemeanors . Treason, which is rare, is one’s act against the state threatening its sovereignty and integrity. Felonies are serious offenses like murder, manslaughter, rape, robbery, kidnapping, tax evasion etc. that attract several years of imprisonment and a heavy fine. Misdemeanors are less serious offenses, mostly punishable by fines or a brief stay in the jail. Some of the examples of misdemeanors include simple assault, gambling, prostitution etc. However, other simple offenses like traffic violations are not considered as misdemeanors and are generally considered as violations or infractions. Crimes can also be categorized as white-collar (mail fraud, bribery, embezzlement), organized (organized crime, mafia etc.) and victimless (gambling, prostitution, tax evasion etc.) . Yet another categorization is based on to whom or what they are committed against. It can be against a person, the government, general public, the home, other property, etc.
Whereas crime is a public wrong that is committed either with intent or by negligence, a tort is a private wrongful against a person/property that is committed intentionally or negligently .
What is meant by actus reus and mens rea? How are they used in assessing the commitment of a crime?
Both actus reus and mens rea are Latin terminologies that means ‘a wrongful act’ and ‘guilty mind’ respectively. Both these concepts are important, even though some crimes are committed with no real mens rea.
Define tort. Identify and describe the different classifications of torts?
A tort is a private wrong or a trespass against a person or property, for which a damages award or other judicial remedy may be sought. Torts usually arise from an intentional wrongdoing or from a negligent action . The two major classifications of torts include intentional torts and negligence. As the name implies, an intentional tort is a planned attempt by the defendant with a reasonably foreseeable harm that may not be intended. Negligence is the tort arising out of a negligent action of the defendant, without the intention of causing harm to the plaintiff .
What is meant the concept of “reasonable man”? How is this related to duty?
Every institution is supposed to provide its customers the standard of care (or duty) that is expected from a normal person with average skill and prudence. In case of any sufferings met by the customer due to the negligence of the institution and in the absence of any statutes of duty, the jury will determine if the defendant has adhered to the standard of a reasonable man .
What must be proven to show that a person is guilty of the tort of negligence? Describe a travel and tourism example of a situation that you think might result in the suit for negligence.
In a tort of negligence, the four things to be produced by the plaintiff include- a legal duty was imposed on the defendant and in favor of the plaintiff, the duty was violated or breached by the defendant, the violation caused injury to the plaintiff and proximate cause . An example would be the trekking camp conducted by the hotel management. The management is imposed with the duty of adopting all safety precautions including the presence of a well-qualified trainer cum guide to ensure the safety of its guests. The management failed on this aspect, causing harm to its customers.
Identify and describe the different types of intentional torts? Be specific. Describe a travel and tourism related example of each.
The three major types of intentional torts include- 1) Interference with the person, 2) Interference with business relations and 3) Interference with property. The examples of each of the above are- 1) installation of hidden cameras in the guest rooms, 2) using the name or similar name of a reputed brand to hoodwink customers, 3) disposing the waste in such a way that its ill effects are borne by the plaintiff.
What are the defenses that are available to a defendant for crimes and torts?
Some of the general defenses to crimes and torts include Act of God, assumption of risk, comparative fault, consent, contributory negligence, duress, entrapment, immunity, infancy, insanity, intoxication, mistake of fact, mistake of law, privilege, self-defense, statutes of limitations and superseding causes .
Define product liability. Describe and provide a travel and tourism example of how product liability can arise from a contract (focusing on warranties and disclaimers) and by tort?
The manufacturers, sellers and lessors have a legal liability of the goods/products produced, sold or leased to their consumers for any defects or damages and injuries or losses caused to the consumers owing to the use of such goods/products. E.g. - A premium resort providing toys made of low grade plastics with rough edges at their kids play area.
Define the two types of invitees, licensee, and trespasser. What standard of care would a tourism operator owe each of these types of visitors to his or her premises?
The two types of invitees include a public invitee and a business invitee. A public invitee is a member of the public and is invited to the land held for the public. A business invitee is someone who is invited to enter the land for the purpose of business with the possessor of the land. Licensee can be categorized as a licensee and licensee by invitation, or social guest. The major distinguishing factor between them is that the invitation has no legal meaning and remains as a mere invite or an urge to come. Trespassers can be classified as criminal trespassers, who trespasses the premises with malicious intent and technical trespassers, who casually enter the premises with no intention of committing any criminal act.
A tourism operator will welcome both an invitee and licensee, but will resist any trespasser into his/her premises.
Define Attractive Nuisance. Describe a travel and tourism example.
Attractive Nuisance can be defined as an unreasonably dangerous condition resulting in injury to children who are incapable of appreciating or anticipating the danger. Any artificial condition present in the premises that attracts child trespassers and is not sufficiently protected to prevent any accident will make the landowner liable for any physical injuries caused to the child trespassers.
Swimming pools are always a dangerous place of small children; they should be allowed only under supervision and with adequate swimming gear. There have been multiple cases where the hotel/facility owners have been held accountable for injuries/fatalities involving children. The common faults from the facility owners including lack of fence, pool located near children’s play area and the proximity of the pool to nearby schools/other institutions where children assemble in large numbers.
References
James A. Peterson, B. B. (2011). Principles of Negligence. In B. B. James A. Peterson, Risk Management for Park, Recreation and Leisure Services (p. 140). Urbana: Sagamore Publications.
James A. Peterson, B. B. (2011). Standard of Care. In B. B. James A. Peterson, Risk Management for Park, Recreation and Leisure Services (p. 25). Urbana: Sagamore Publications.
Robert W. Emerson, J. (2008). General Defenses to Crimes and Torts. In J. Robert W. Emerson, Business Law (pp. 307-309). New York: Barron's Educational Series, Inc.
Robert W. Emerson, J. (2015). Classification of Torts. In J. Robert W. Emerson, Business Law (pp. 296-297). New York: Barron's Educational Series, Inc.
Robert W. Emerson, J. (2015). Crimes and Torts. In J. Robert W. Emerson, Business Law (p. 294). New York: Barron's Educational Series, Inc.
Robert W. Emerson, J. (2015). Crimes and Torts. In J. Robert W. Emerson, Business Law (p. 292). New York: Barron's Educational Series, Inc.
