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Business Law 210 > Chapter 4 > Flashcards

Chapter 4 Flashcards

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1
Q

What is a tort?

A

A social or civil wrongdoing that gives rise to the riht to sue and to seek remedy

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2
Q

When has a tort been committed?

A

An intentional or careless act harms another

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3
Q

What is the role of tort law?

A

To compensate victims and deter wrongful conduct in the future

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4
Q

Describe wrongful conduct in relation to torts

A

Wrongful conduct is both a crime and a tort

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5
Q

Describe what general damages, punitive damages, and injunction damages are in relation to tort law

A

General Damages - monetary compensation. Punitive Damages - extra costs to pay by the wrongdoer to punish their actions. Injunction - return of property or grant an injunction.

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6
Q

What is vicarious liability?

A

When an employer can be liable for an employees tortious act committed during employment.

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7
Q

What is an intentional tort?

A

The conduct was intended or deliberate—the wrongdoer does not need to intend to do harm

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8
Q

What is assault?

A

Conduct that makes a person think they are about to be struck

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9
Q

What is battery?

A

When someone intentionally makes unwanted contact with another person—includes threats and the intent to harm is not required.

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10
Q

What is trespass to land?

A

Unauthorized entry onto another’s property

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11
Q

Describe the two defences to assault and battery

A

Consent - must be informed and voluntary, physical touch beyond consented to is battery tho. Self-defence - necessary force to defend self or eject trespassers is permissible.

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12
Q

Does the occupier owe duty of care to a trespasser?

A

Nope

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13
Q

What is trespass to chattels?

A

Direct intentional interference causing damage to goods

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14
Q

What is conversion in relation to trespassing?

A

Not allowing the use of chattels of another person for their own purposes—includes theft

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15
Q

What is detinue?

A

Wrongful retention of someone else’s goods

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16
Q

What is false imprisonment?

A

The unlawful and intentional restraint of persons against their will.

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17
Q

Defence to false imprisonment?

A

Citizens arrest - may be justified if persons have done something for which they may be arrested—MUST have witnessed it to happen.

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18
Q

What is malicious prosecution?

A

Misuse of criminal justice system, requires proof of malice

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19
Q

What is private nuisance?

A

Interference with neighbour’s use/enjoyment of property

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20
Q

What is public nuisance?

A

Interference with pubic property

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21
Q

What is defamation?

A

Published false statement harmful to one’s reputation

22
Q

What is the defences to defemation?

A

Truth

23
Q

What is slander in relation to defamation?

A

Spoken defamation

24
Q

What is libel in relation to defamation?

A

Written defamation

25
Q

What is injurious falsehood?

A

An attack on the reputation of another’s product/business.

26
Q

Establishing assault

A

(1) deliberate threat creating fear of imminent harm (2) no consent

27
Q

Establishing battery

A

(1) deliberate physical interference with ones body (2) no consent

28
Q

Establishing trespass to land

A

(1) deliberate interference with property (2) no consent/permission/lawful right to be there

29
Q

Establishing trespass to chattels

A

(1) deliberate interference with goods of another (2) no consent

30
Q

Establishing conversion

A

(1) deliberate appropriation of the goods of another (2) the act is committed in such a way that a forced sale is justified

31
Q

Establishing detinue

A

(1) deliberate possession of another’s goods (2) wrongful refusal to return the goods to the owner

32
Q

Establishing false imprisonment

A

(1) deliberate restraint (2) lack of awful authority

33
Q

Establishing malicious prosecution

A

(1) initiation of prosecution on criminal (2) subsequent acquittal of the plaintiff (3) prosecution was motivated by malice

34
Q

Establishing private nuisance

A

(1) unusual use of property (2) substantial and unreasonable interference caused to neighbours enjoyment or use of property (3) foreseeable injury

35
Q

Establishing defamation

A

(1) false statement being made (2) derogatory to the plaintiffs reputation (3) publication or communication to a third party

36
Q

Establishing injurious falsehood

A

(1) false stamens made, derogatory to the reputation of the product or business of the plaintiff (2) publication to third party (3) statements were made with malice, without just cause or excuse (4) special damages in the form of a pecuniary loss

37
Q

What are some business specific torts?

A

Inducing breach of contract, unlawful interference with economic relations, misuse of confidential information, etc.

38
Q

What does the Federal Privacy Act do?

A

Regulates government collection and use of private information

39
Q

What does the Personal Information Protection and Electronic Documents Act (PIPEDA) do?

A

Regulates collection and use of private information

40
Q

Explain what is meant by the statement, “A tort is a civil wrong.”

A

This means that the action or conduct itself is considered unacceptable behaviour

41
Q

How do doctors avoid liability for the tort of battery when operating on or otherwise treating patients?

A

The doctor avoids liability because the patient has “consented” to the physical interference.

42
Q

What limitations are there on the right of self-defence when people are defending themselves against an attack?

A

Only permitted to use reasonable force as is necessary—if excess force is used it constitutes an assault or battery.

43
Q

What may the proprietor of a business do when faced with an unruly patron?

A

The proprietor can ask the patron to leave. If he fails to leave he becomes a trespasser in common law and the proprietor can use as much force as is necessary to eject the patron.

44
Q

Define innuendo

A

A hidden meaning in a statement

45
Q

Define qualified privilege

A

A defence available in a defamation action when the person making the defamatory statement had a duty or obligation to do so.

46
Q

What causes a “qualified privilege” to become invalid?

A

If there’s any malicious intent or if the statement is published more broadly than required by the duty

47
Q

Explain the nature of inducing breach of contract with an example

A

An employer persuading an employee of another business to leave that employment and work for them without properly leaving the current employment contract.

48
Q

How does the unlawful means tort differ from the tort of inducing breach of contract?

A

(1) When dealing with the tort of interference with economic relations, there is no need to prove a breach of contract—there must be some unlawful conduct associated with the complaint. (2) That unlawful conduct must have been intended to cause harm and, harm must have resulted.

49
Q

Differentiate between conspiracy and intimidation

A

A conspiracy to injure takes place when two or more persons act together use unlawful means to injure the business interest of another. Intimidation occurs when the threat of Irene or some other illegal activity, such as an illegal strike, is used to force a businessperson to do something that harms the business.

50
Q

Explain the remedies that may be appropriate to remedy misuse of confidential information

A

The most common remedy is monetary damages. However, equitable remedies such as injunctions and an accounting may also be ordered.

51
Q

What statutes protect the rights of individuals in technology.

A

The Personal Information Protection and Electronics Documents Act and Human Rights Act

52
Q

How do the courts determine if they have jurisdiction over a tort action where the internet is the means of communicating a defamatory message?

A

As a general rule, you must seek out your defendant or sue where the offensive conduct took place.

Business Law 210 (11 decks)

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