m31 Flashcards
tort of conspiracy
compensates for harm caused by collusion
- occurs if 2+ businesses band together to harm another business
if defendants band together in a manner that is legal …
plf must prove primary purpose was to cause plf financial harm
if defandants band together in a mnner that is illegal
plf must prove the def should have known that their actions would cause plf financial harm
tort of intimidation
occurs when the def tries to coerce the plf or third party with threats of an illegal act
elements of tort of intimidation
threat of unlawful act
threat was effective
plf suffered a loss
elements of tort of intimidation
third party intimidation - def pressured third party to hurt plf
two party intimidation - def pressured plf directly
tort of interference with contractual relations
occurs when one person intentionally disrupts another persons business or contractual relations witha. third party causing financial harm
- def directly caused breach w plf
elements of interference w contractual relations
plf must prove:
knowledge- def was aware of contract b/w plf and third party
intention- def intended to cause breach
cause - def actually casued breach
loss - plf suffered loss
elements of tort
involves a parasitic claim def uses unlawful means against 3rd party intent to harm plf
tort of occupiers liability
encourages occupiers of land to ensure visitors are not harmed/ compensates visitors who are injured on another land
BC occupiers liability act
duty extends to:
- condition of the premises
- activities on the premises
- conduct of others on the premises
- duty of reasonable care owed to all visitors
-warning signs to moderate the duty
landlord liable if fails to repair under lease
tort of nuisance
unreasonable interference with anothers land
types of nuisance
physical damage, impaired enjoyment, non intrusive
factors to determine nuisance
- UNREASONABLE interference with land
- nature of neighbourhoodmm time/day, intensity/duration, social utility of activity, def motivation, availibility of an alt activity
defences to nuisance
consent, stat authority
remedies for nuisance
comp damages - pay
injunction
rylands v fletcher - strict liability tort
-special duty bc of hazardous situation def liable even if exercised reasonable care def should always take special precautions
rylands v fletcher - plaintiff to prove
-def non natural use of land
soemthing escapes from def land
loss caused to plf land
rylands v fletcher - defences
strict libaility but not absolute libaility
- consent by plf
- escape caused by unavoidable act of god
escape caused by act of third party
- loss was inevitable act of stat auth
tort of deceit
intentionally misleading statement that caused another harm
tort of deceit - plf to prove
- def made false statement
-factual statement
-plf relied on statement
-pld suffered loss - def knew statement was false
def intended to mislead plf
tort of defamation
statmeent that harms another persons good rep
tort of defamation - plf to prove
- statement reasonabaly refers to plf
- statement harms plf good rep
- statment was published
libel
defamation that is broadcast in a more permanent form
slander
defamation that is boradcast in a less permanent form t
tort of defamation - defences
- justification
- absolute privilege
- qualified privilege
- fair comment
- consent
tort of injurious falsehood
false statement made by a person about the goods or services of a business that financially harms the business
tort of injurious falsehood - elements plf must prove
- def made flase statement
- statement was made maliciously
- statement was published to a third party
- must show a connection b/w statement and a loss by the def
forms of injurious falsehood
slander of title
slander of quality
other statement about business that causes financial loss
