BLAW CH 12 Flashcards
what’s an Occupier
Someone who has some degree of control over land or buildings on that land.
what is Occupiers’ liability
Liability that occupiers have to anyone who enters onto their land or property.
this varies by jurisdiction
what is Someone who has some degree of control over land or buildings on that land
Occupier
4 classifications of visitors
contractual entrant, invitee, licensee, or trespasser.
define Contractual entrant
Any person who has paid (contracted) for the right to enter the premises.
define Invitee
Any person who comes onto the property to provide the occupier with a benefit.
define Licensee:
Any person whose presence is not a benefit to the occupier but to which the occupier has no objection.
define Trespasser
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.
what do you call Any person who has paid for the right to enter the premises.
Contractual entrant
what do you call Any person who comes onto the property to provide the occupier with a benefit.
Invitee
what do you call Any person whose presence is not a benefit to the occupier but to which the occupier has no objection.
Licensee
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.
trespasser
explain the purpose of occupiers liability legislation enacted in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, and Prince Edward Island
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
explain the Tort of nuisance
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.
four requirements for nuisance
Interference must be unreasonable, substantial, not temporary, and not for the public good.
who owns everything in the ground?
the crown
list the three types of trespass
entering
placing
revocation
what is not the greatest but a kind of good argument for nuisance
“I was here first!!”
what can trespassers be liable for?
They are liable for all consequences, not just the reasonably foreseeable ones
whta are the four main torts for environmental damage
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
what is needed for squatters rights
if squatting goes unimposed for a very long time a person might have squatters rights
what is assault
threat of imminent physical harm by disturbing someone’s sense of security
what is battery
intentional infliction of harmful or offensive physical contact
what should the tort of Assault not be confused with?
criminal assault
what occurs consecutively with the tort of Assault but can occur independently
assault and battery can occur consecutively but also independently
what is presumed in cases of sexual battery
presumed that there is no consent
in cases of sexual battery, where does the burden lie to prove consent
the burden lies on the accused to prove consent
what is false imprisonment
unlawful detention or physical restraint or coercion by psychological means
give an example of a place where a person cannot claim false imprisonment
a field. There must be no easy escape to claim false imprisonment
where does false imprisonment mostly take place
usually takes place in a retail setting , arising when one person detains another without lawful justification
distinction between security and police
security are private citizens
what is deceit
misrepresentations that are made fraudulently or recklessly causing loss.
can being silent be considered deceit
yes it can
what is passing off
presenting another’s goods or services as ones own
what is it called when one presents another’s goods or services as ones own.
passing off
what is the tort of interference
inducing someone to break contractual obligations with another
what is it called when someone induces someone to break contractual obligations with another
interference with contractual obligations
or just the tort of interference
when does the tort of interference often arise
often seen when another employer poaches an employee from another company
what is defamation
the public utterance of a false statement of fact or opinion that harms another’s reputation
list the two kinds of defamation
libel and slander
libel is written and slander is with words
why is libel worse than slander
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
3 requirements to be considered defamation
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
give an example of a false statement that is not considered defamation
it is not defamation if the false statement is told directly to the plaintiff with no other parties listening.
In terms of speech. what must the law balance
freedom of speech vs defamation vs hate speech
what are the 5 defences to defamation
Absolute privielge, Qualified privilege, Justification, Fair comment, Responsible communication on matters of public interest
Justification
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.
Qualified privilege
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.
Absolute privilege
A defence in relation to parliamentary or judicial proceedings; applies in very limited circumstances only.
Fair comment
: Permits a person to offer commentary on “matters of public interest,” despite the commentary being defamatory.
what is A defence to defamation based on the defamatory statement being substantially true.
Justification
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.
Qualified privilege
what is A defence in relation to parliamentary or judicial proceedings; applies in very limited circumstances only.
Absolute privilege
what is Permits a person to offer commentary on “matters of public interest,” despite the commentary being defamatory.
Fair comment
what happens when there is malice in qualified privilege
it is no longer considered qualified privilege
what is responsible communication on matters of public interest
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.
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.
Responsible communication on matters of public interest
what happens when you own a site, and are made aware of some defamatory material and don’t take it down
that may be defamation
Injurious Falsehood
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.
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.
injurious falsehood
intrusion upon seclusion tort.
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.”
what tort allows suing for invasion of privacy
intrusion upon seclusion
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 contractual entrant
what does this quote relate to
“at least the duty of acting with common humanity towards him.”
a trespasser
what kind of person does this quote relate to
“unusual danger, [of] which he knows or ought to know.”
an invitee
