Chapter 5 Flashcards
What must the plaintiff prove in a conspiracy case?
If the act was lawful, they must prove the defendants’ primary purpose was to hurt the plaintiff.
If the act was unlawful they must prove the defendants should have known their actions might harm the plaintiff.
What is conspiracy?
When two or more people agree to act together with a primary purpose of causing the plaintiff to suffer financial loss.
What is it called when the plaintiff suffers a loss as a result of the defendant’s threat to commit an unlawful act against either the plaintiff or a third party?
Intimidation.
What must the plaintiff prove in an intimidation case?
- threat to breach duty in tort, contract or crime
- intimidated party submitted to the threat
- plaintiff suffered a loss as a result
What is interference with contractual relations?
The defendant disrupts a contract between the plaintiff and a third party.
Stealing a worker’s tools so that he can’t perform his contract with the plaintiff is an example of what tort?
Indirect inducement to breach contract.
Convincing an employee to quit his job is an example of what tort?
Direct inducement to breach contract.
What is the difference between direct inducement to breach contract and indirect inducement to breach contract?
With indirect you also need to prove that the defendant’s actions were unlawful.
A labour union tells a company to fire someone or they’ll strike. What tort is this?
Third party intimidation.
What three things must you prove in unlawful interference with economic relations?
Intent to injure plaintiff, unlawful or illegal act, and that the plaintiff suffered economic loss.
What must you prove to prove deceit?
The defendant intended to mislead the plaintiff, the plaintiff reasonably relied on statement, and the plaintiff suffered a loss.
What is occupier’s liability?
Requires an occupier of premises to protect visitors from harm.
What is one way to avoid occupier’s liability?
Issuing a warning. Ex. Signs posted at a ski hill
What is nuisance?
Unreasonable interference with the use and enjoyment of the plaintiff’s land.
What type of nuisance would having a strong smelling pig farm be? When would it not be considered as nuisance?
Would be considered impaired enjoyment. However, would be unlikely to be considered a tort in the country due to the nature of the neighbourhood.
What are two defences to nuisance?
Consent to activity or statutory authority (defendant acted pursuant to legislation)
A person is storing deadly explosives in a warehouse and they ignite and explode of no fault of the owner. If a pedestrian walking by is injured is the owner liable? What case is this related to?
Yes he is because he is strictly liable for a non natural use of land if something escapes the property and injures someone. You don’t have to prove fault or carelessness. Ryland v. Fletcher
What are three defences to nuisance?
- the plaintiff consented
- act was unavoidable or a 3rd party caused the escape
- the injury was inevitable due to the defendant’s exercise of statutory authority
What is defamation?
Making a false statement that could lead a reasonable person to have a lower opinion of plaintiff.
What three things must you prove in a defamation case?
- statement reasonably refers to plaintiff
- statement could hurt plaintiff’s reputation
- statement was published to a third party
What must you prove to prove injurious falsehood?
- defendant made a false statement to a third party
- defendant acted out of malice
- persuasive evidence that false statement caused loss.
If you tell someone (falsely and maliciously) that a property they are about to buy is haunted and then they don’t buy it, this is what tort?
Injurious falsehood.
