business tort

Question 1

2 types of defamation

Answer 1

1) libel (written)
2) slander (spoken)

Question 2

defense of defamation

Answer 2

justification
privilige
fair comment
consent

Question 3

can defamation apply to dead person’s reputation (yes or no)

Answer 3

NOOOOO

Question 4

5 factors to consider the standard of care to trespasser:

Answer 4

age
reason
the nature of danger
occupier’s knowledge
cost of removing the risk

Question 4

define occupier’s liability

Answer 4

an occupier of premises owes a duty of care to visitors

Question 5

3 things the occupier of property has the duty of care to…

Answer 5

1. the condition
2. the activities
3. the conduct of third parties

Question 6

occupier has no duty of care to the person who…

Answer 6

1. creates danger intent to harm person/property
2. act with reckless disregard

Question 7

the rule in Rylands v. fletcher is a strict liability (yes or no)

Answer 7

yessssss

Question 8

the 4 element of the rule in Rylands v. fletcher :

Answer 8

non-natural use
escape
foreseeability
damage

Question 9

explain the difference between nuisance and trespass of land

Answer 9

trespass of land is a direct act while nuisance is an indirect act

Question 10

4 factors to be considered (looked at) with nuisance

Answer 10

nature of locality
reasonable use
duration and intensity
damages

Question 11

definition of deceit

Answer 11

intentionally make a false statement that victim act and relied upon on it