Other Business Torts Flashcards
What is inducing breach of contract?
A deliberate breach of contract by the defendant which caused the plaintiff to suffer.
What is interference with economic relations?
Engaging in unlawful conduct (e.g. bribery) to discourage customers from dealing with one’s competitor.
What is intimidation?
Using a threat of violence or some other illegal activity to force a party to do something.
What is deceit?
Intentional and fraudulent misleading of another, causing damage.
What are three conditions for a statement made to be considered deceit?
- knowing the statement to be false
- without belief in the truth of the statement
- recklessly, not caring whether or not the statement is true
What kind of damages are often awarded to deceit tort cases?
Punitive.
What is conspiracy to injure?
Parties acting together to injure the business interests of another.
What is malicious prosecution?
When one initiates prosecution out of malice. e.g. Pressing false charges.
What is passing off?
Misleading others as to whose product or service is being offered, passing off your product as if it were another’s.
What is an example of a passing off case in Edmonton?
Disney v. West Edmonton Mall, fantasyland amusement park.
What are the 4 things a plaintiff must prove in a passing off case?
- plaintiff’s goods, services or business enjoy a reputation that is worth protecting.
- defendant misrepresented its business as being that off the plaintiff
- public was misled (actual confusion)
- plaintiff suffered damage (loss of business, reputation)
What is breach of confidentiality?
Wrongful disclosure of confidential information such as trade secrets, customer lists, and future plans.
What is injurious falsehood?
Making statements that are untrue and unfounded about the goods or products of another. Trade defamation.
