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BLAW 301 > BLAW CH 12 > Flashcards

BLAW CH 12 Flashcards

1
Q

what’s an Occupier

A

Someone who has some degree of control over land or buildings on that land.

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2
Q

what is Occupiers’ liability

A

Liability that occupiers have to anyone who enters onto their land or property.

this varies by jurisdiction

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3
Q

what is Someone who has some degree of control over land or buildings on that land

A

Occupier

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4
Q

4 classifications of visitors

A

contractual entrant, invitee, licensee, or trespasser.

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5
Q

define Contractual entrant

A

Any person who has paid (contracted) for the right to enter the premises.

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6
Q

define Invitee

A

Any person who comes onto the property to provide the occupier with a benefit.

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7
Q

define Licensee:

A

Any person whose presence is not a benefit to the occupier but to which the occupier has no objection.

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8
Q

define Trespasser

A

Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier.

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9
Q

what do you call Any person who has paid for the right to enter the premises.

A

Contractual entrant

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10
Q

what do you call Any person who comes onto the property to provide the occupier with a benefit.

A

Invitee

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11
Q

what do you call Any person whose presence is not a benefit to the occupier but to which the occupier has no objection.

A

Licensee

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12
Q

what do you call Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier.

A

trespasser

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13
Q

explain the purpose of occupiers liability legislation enacted in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, and Prince Edward Island

A

It attempts to simplify the occupier’s liability law by providing for a high duty of care—equivalent to the negligence standard for those on the property with express or implied permission (contractual entrants, invitees, licensees).

The occupier must not create deliberate harm or damage to trespassers—increased responsibility if the trespassers are children

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14
Q

explain the Tort of nuisance

A

attempts to address conflicts between neighbours stemming from land use

Actions can be intentional or unintentional, such as machinery noise, and unpleasant odours.

Interference must be unreasonable, substantial, not temporary, and not for the public good.

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15
Q

four requirements for nuisance

A

Interference must be unreasonable, substantial, not temporary, and not for the public good.

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16
Q

who owns everything in the ground?

A

the crown

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17
Q

list the three types of trespass

A

entering
placing
revocation

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18
Q

what is not the greatest but a kind of good argument for nuisance

A

“I was here first!!”

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19
Q

what can trespassers be liable for?

A

They are liable for all consequences, not just the reasonably foreseeable ones

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20
Q

whta are the four main torts for environmental damage

A

The tort of negligence

The tort of trespass

Actions based on Rylands v Fletcher. improper use of the land
(Must establish a loss of something from plaintiff’s land due to defendant’s actions)

The tort of nuisance

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21
Q

what is needed for squatters rights

A

if squatting goes unimposed for a very long time a person might have squatters rights

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22
Q

what is assault

A

threat of imminent physical harm by disturbing someone’s sense of security

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23
Q

what is battery

A

intentional infliction of harmful or offensive physical contact

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24
Q

what should the tort of Assault not be confused with?

A

criminal assault

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25
Q

what occurs consecutively with the tort of Assault but can occur independently

A

assault and battery can occur consecutively but also independently

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26
Q

what is presumed in cases of sexual battery

A

presumed that there is no consent

27
Q

in cases of sexual battery, where does the burden lie to prove consent

A

the burden lies on the accused to prove consent

28
Q

what is false imprisonment

A

unlawful detention or physical restraint or coercion by psychological means

29
Q

give an example of a place where a person cannot claim false imprisonment

A

a field. There must be no easy escape to claim false imprisonment

30
Q

where does false imprisonment mostly take place

A

usually takes place in a retail setting , arising when one person detains another without lawful justification

31
Q

distinction between security and police

A

security are private citizens

32
Q

what is deceit

A

misrepresentations that are made fraudulently or recklessly causing loss.

33
Q

can being silent be considered deceit

A

yes it can

34
Q

what is passing off

A

presenting another’s goods or services as ones own

35
Q

what is it called when one presents another’s goods or services as ones own.

A

passing off

36
Q

what is the tort of interference

A

inducing someone to break contractual obligations with another

37
Q

what is it called when someone induces someone to break contractual obligations with another

A

interference with contractual obligations

or just the tort of interference

38
Q

when does the tort of interference often arise

A

often seen when another employer poaches an employee from another company

39
Q

what is defamation

A

the public utterance of a false statement of fact or opinion that harms another’s reputation

40
Q

list the two kinds of defamation

A

libel and slander

libel is written and slander is with words

41
Q

why is libel worse than slander

A

people can say things, and a lot of the things that people say is just bullshit. but to actually write something down is much more serious. someone must have put thought into it

42
Q

3 requirements to be considered defamation

A

the defendants words must lower the plaintiffs reputation in the eyes of a reasonable person

the statement did in fact refer to the plaintiff

words were communicated to at least one other person

43
Q

give an example of a false statement that is not considered defamation

A

it is not defamation if the false statement is told directly to the plaintiff with no other parties listening.

44
Q

In terms of speech. what must the law balance

A

freedom of speech vs defamation vs hate speech

45
Q

what are the 5 defences to defamation

A

Absolute privielge, Qualified privilege, Justification, Fair comment, Responsible communication on matters of public interest

46
Q

Justification

A

A defence to defamation based on the defamatory statement being substantially true.
Example: An employer writes a negative but true statement in a reference letter.

47
Q

Qualified privilege

A

A defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it.

48
Q

Absolute privilege

A

A defence in relation to parliamentary or judicial proceedings; applies in very limited circumstances only.

49
Q

Fair comment

A

: Permits a person to offer commentary on “matters of public interest,” despite the commentary being defamatory.

50
Q

what is A defence to defamation based on the defamatory statement being substantially true.

A

Justification

51
Q

what is A defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it.

A

Qualified privilege

52
Q

what is A defence in relation to parliamentary or judicial proceedings; applies in very limited circumstances only.

A

Absolute privilege

53
Q

what is Permits a person to offer commentary on “matters of public interest,” despite the commentary being defamatory.

A

Fair comment

54
Q

what happens when there is malice in qualified privilege

A

it is no longer considered qualified privilege

55
Q

what is responsible communication on matters of public interest

A

Defence that applies where some facts are incorrectly reported but (1) the publication is on a matter of “public interest,” and (2) the publisher was diligent in trying to verify the allegation.

56
Q

what is it called when some facts are incorrectly reported but (1) the publication is on a matter of “public interest,” and (2) the publisher was diligent in trying to verify the allegation.

A

Responsible communication on matters of public interest

57
Q

what happens when you own a site, and are made aware of some defamatory material and don’t take it down

A

that may be defamation

58
Q

Injurious Falsehood

A

The utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services.
It requires the plaintiff to establish that statements were false and published (uttered) with malice or improper motive.

59
Q

what is it called when The utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services.

A

injurious falsehood

60
Q

intrusion upon seclusion tort.

A

allows a person to sue for invasion of privacy.

the defendant’s conduct was intentional;
the defendant invaded the plaintiff’s private affairs without lawful justification;
a reasonable person would regard such conduct as “highly offensive causing distress, humiliation or anguish.”

61
Q

what tort allows suing for invasion of privacy

A

intrusion upon seclusion

62
Q

what does this quote relate to

“the premises are as safe as reasonable care and skill on the part of anyone can make them.”

A

a contractual entrant

63
Q

what does this quote relate to

“at least the duty of acting with common humanity towards him.”

A

a trespasser

64
Q

what kind of person does this quote relate to

“unusual danger, [of] which he knows or ought to know.”

A

an invitee

BLAW 301 (11 decks)

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