Chapter 5

Question 1

Strict liability

Answer 1

Act occurs without intention to commit the physical act or without carelessness ie animals

Question 2

Intentional (traditional) torts

Answer 2

Act occurs with intent to commit the physical act, but damage not required ie assault

Question 3

Intentional (business/economical) torts

Answer 3

Act occurs with the intent to commit the physical act and actual damage results ie defamation

Question 4

Generic defences

Answer 4

Consent or legal authority

Question 5

Idiosyncratic defence

Answer 5

More limited, as it can only apply in particular circumstances

Question 6

Conspiracy

Answer 6

Definition
Two or more persons agree to act together with primary purpose of causing plaintiff to suffer financial loss

Plaintiff must prove
If actions lawful the primary purpose was to hurt plaintiff
If actions unlawful merely the defendants should have known their actions may hurt plaintiff

Question 7

Intimidation

Answer 7

Definition
Loss results from threat to commit unlawful act

Plaintiff must prove
Threat to break duty in tort contract or crime
Intimidated party submitted to threat
No need to prove defendant intended harm

Question 8

Interference with contractual relations

Answer 8

Definition
Disruption of contract between plaintiff and another

Risk management
Danger in luring away, competitors, customers or workers

Forms of interference with contractual regulations
Direct and indirect inducement to breach contract

Question 9

Direct inducement to breach contract

Answer 9

Directly cause breach with plaintiff
Convincing customer to break agreement or employee to quit job

Plaintiff must prove
Defendant knew about contract
Defendant intended to breach contract
Defendant actually caused breach of contract
Plaintiff suffered loss

Question 10

Indirect inducement to breach contract

Answer 10

In directly causes breach with plaintiff
Prevent employees from going to or doing work

Plaintiff must proof
Same factors as direct
Plus, defendants actions or themselves unlawful

Question 11

Unlawful interference with economic relations

Answer 11

Unlawful act intended to cause economic loss to plaintiff

Plaintiff must prove
Intend to injure
Unlawful or illegal act
Plaintiff suffered economic loss

Question 12

Deceit

Answer 12

Defendant makes false statement

Defendant knows statement is false

Defendants use of statement with intention to mislead

Plaintiff reasonably relies on statement

Plaintiff suffers loss

Question 13

Deceit proof

Answer 13

Prove defendant made fall statement
-includes half truth or failure to update

Defendant new statement was false

Plenty relies on it and suffers loss

Question 14

Risk management deceit

Answer 14

Businesses people should avoid lying, creating wrong perception, and failing to correct wrong perception

Business person should confirm what they imply and what is inferred are the same thing

Question 15

Deceit, different labels

Answer 15

Fraud and intentional misrepresentation

Question 16

Defamation

Answer 16

Definition
Making a false statement that could lead to a reasonable person having a lower opinion of plaintiff

Purpose : protect reputations

Types: oral defamation known as slander, written, defamation, known as libel

Question 17

Elements of defamation

Answer 17

Plaintiff must prove
Statement reasonably refers to plaintiff , intent doesn’t matter

Plaintiff must be alive

Group statement must refer to plaintiff personally

Statement was published to third-party

Question 18

Defamation defence

Answer 18

Justification/true
- must be entirely true

Privilege : encourages free speech
- you are allowed and qualified to speak on it
Qualified
Absolute

Fair common: encourages useful debate on significant issue

Question 19

Absolute privilege

Answer 19

Limited to statements made

During parliament proceedings

Between high government officials on government business

Buy a judge, lawyer, Litigant or witness in legal proceedings

Between spouses in private

Question 20

Qualified privilege

Answer 20

When maker of a statement has an interest or duty to make that statement and the recipient also should or needs to hear it

Question 21

Fair comment

Answer 21

Expression of an opinion is a matter of public importance

Opinion must be informed, related to public interest, and have the ability to be honestly held by someone

Question 22

Remedies for defamation

Answer 22

Usually compensatory damages to repay losses and sometimes personal distress

Question 23

Injurious falsehood

Answer 23

Falsehood against property or business

Slander of title
- defendant falsely accusing plaintiff of not owning or registering land

Slander of quality
- falsely discouraging products resulting in customer loss

Other
- Saying plaintiff house is haunted

Question 24

Elements of proof

Answer 24

False statement M
-Statement must be publicized

Malice
- Spite desire to hurt, Knowing statement is false

Loss
- false statement, resulting in loss for plaintiff

Question 25

Occupies liability

Answer 25

Requires an occupier (control of it, not necessarily owner) to protect visitors from harm Slipping on a floor with no wet floor sign

Question 26

Occupies liability

Answer 26

Requires an occupier (control of it, not necessarily owner) to protect visitors from harm

Question 27

Occupiers liability: traditional, common law

Answer 27

Occupiers obligation varies with type of visitor

Question 28

Problem with traditional rules

Answer 28

Categories of intruder are too broad Difficult to distinguish category Visitor status may change overtime

Question 29

Occupiers liability modified common law

Answer 29

Check Photos

Question 30

Nuisance

Answer 30

Occurs when the defendants unreasonably interfere with the plaintiffs use and enjoyment of the land Physical damage Impaired enjoyment Not intrusive - bad moral establishment attracting traffic and crime Is up to common sense (hockey puck example)

Question 31

Nuisance defence

Answer 31

Consent to activity Inevitable result of statutory authority (airport construction) Not a defence - When someone came in range of nuisance is irrelevant - doesn’t matter if your old neighbour didn’t care

Question 32

Nuisance factors

Answer 32

A number of factors are considered Nature of neighborhood, time of day, intensity, and duration, etc.

Question 33

Remedies for nuisances

Answer 33

Compensatory damages Injunction to prevent future losses

Question 34

Ryder v flecher

Answer 34

If someone has a strange or non-natural use of land and something escapes that harms plaintiff on their property, the property owners are liable Plaintiff must prove - non-natural land use created danger - Danger escaped land - danger causes loss or injury

Question 35

Defence to rule in R v F

Answer 35

Plaintive consented to non-natural use Unavoidable act caused escape Injury, inevitable, result of defendants, excessive statutory authority

Question 36

R vs Asante

Answer 36

Law applied Most jurisdictions have legislation that allows an occupied to arrest a trespasser who refuses to leave a premises Since the legislature granted, the special power of arrest, it must have intended to protect people who exercise that power and reasonable way however he also stressed the need for private citizens to use caution

Question 37

R vs Asante

Answer 37

Law applied Most jurisdictions have legislation that allows an occupied to arrest a trespasser who refuses to leave a premises Since the legislature granted, the special power of arrest, it must have intended to protect people who exercise that power and reasonable way however he also stressed the need for private citizens to use caution