Chapter 12 Flashcards
Who is a Contractual Entrant?
Has a contract and paid for the right to enter a premise. Eg. Buying tickets to a concert. Owes a duty of care
Who is an Invitee?
Their presence benefit the occupier. Eg. Store customers. must warn them of unusual dangers but no need for common dangers
Who is a Licensee?
Has been permitted by occupier to benefit of the licensee. Eg. guest invited to property for a social occasion. Responsible for unusual dangers that they are aware of
Who are Trespassers?
One that goes on land without an invitation and presence is unknown to occupier. eg. Burglar. Liable for acts that are deliberately trying to hurt trespasser
What is Nuisance?
Activity on property that unreasonably interferes with neighbours rights. Must be significant and unreasonable. Usually has to be reoccurring and not temporary
What is Assault or Battery?
Threat of physical harm and actual physical contact or violation of the bodily security
What is False Imprisonment?
When victim is prevented from going where they have the right to be
What is Deceit?
False representation intentionally made by a person to cause damages
What is Passing Off?
Presenting another’s goods as their own
What is Defamation?
False statement to harm another’s reputation
What is Justification?(defamation)
Defence to defamation based on statement being true
What is Qualified Privilege? (defamation)
Statement was relevant without malice, eg. if employer says it but only to a certain person
