Womack Report

January 29, 2007

Business Law, January 29

Filed under: Law,Notes,School — Phillip Womack @ 3:04 pm

About to get things started today. Took Highway 249 to Tomball instead of Telge; I do think it the trip was a faster. Scenery’s not as good, sadly. Unless you like giant inflatable turtles advertising sales. In that case, you’d prefer 249.

Chapters 4 & 6 today, possibly

Chapter 4

Constitutional Authority to Regulate Business.

Corporations have legal person status; they have the same ability to enter contracts a human does.

Under the Bill of Rights, U.S. Constitution Article 1, Section 8 provides Congress the ability to regulate interstate commerce. This will come up frequently. Individual states may not interfere with interstate commerce.

Religious Free-Excercise — Employers must make a good faith effort to accomodate religious beliefs of its employees. If an effort is made and rejected, though, it’s not illegal to fire an employee.

Federal law preempts all state law.

Bill of Rights protects individuals from interference from the government. Federal government directly, and state/local law by preemption.

Speech is protected, even originating from a buiness. However, distinction is made between speech, commercial speech, defamatory speech, and so forth.

Will need to know Commerce Clause, pg. 79. Need to know how Bill of Rights applies to businesses.

Chapter 6

Tort law. Torts involve damage to property, or damage to a person. Torts are divided into intentional torts and unintentional torts. The difference between the two is the intent of the tortfeasor, or one commiting the tort. And intentional tort means the tortfeasor intended to commit the harmful act and could foresee the results of that act. Assault and battery are intentional torts. Likewise false imprisonment, defamation, invasion of privacy, fraud, etc. The above are torts against people; there can also be torts against property. Torts against property are trespass to land, trespass to personal property, conversion, disparagement of property, and so forth.

To prove a tort has occurred, there must normally be both intent and injury.

Read Chapter 6.  Do Homework Problems 1, 2, 4, and 6.

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