PowerPoint 3 Part 2 Flashcards
Occupiers’ Liability is the opposite of ___.
Trespass.
Occupiers’ Liability
Liability arising from status as occupier of premises.
Under the occupiers’ liability, the occupier has the duty of ___ ___ for all visitors.
Reasonable care.
There are exceptions to occupiers’ liability for ___ ___.
Adult trespassers.
Duty under the occupiers’ liability can be modified by ___ ___.
Warning signs.
The ___ is liable for failure to repair under lease.
Landlord.
Is the owner of the property the one who is always liable for occupiers’ liability?
No, it is the one who controls the property.
Child trespasses on your property to swim in your pool, and hurts themselves. Do you have a responsibility?
Yes, you have some responsibility to put up a fence, cover the pool, etc.
Is setting up traps for a burglar a violation of a tort?
No, you are not meeting the minimum duty of care.
Commercial Host Liability
Only serve patrons a certain amount of alcohol, call cabs for them. Still have duty of care.
What is the most common case of social host liability?
BYOB party.
Why do bars have a higher occupiers’ liability?
Because they serve alcohol to patrons who are paying customers.
As a homeowner, you have a higher responsibility if you ___ the consumption of alcohol.
Control.
Nuisance
Interfering with someone’s use and enjoyment of their property.
Nuisance can only be claimed if there is ___ interference.
Unreasonable.
What are the relevant factors in nuisance?
- Nature of neighbourhood.
- Time and day of interference.
- Intensity and duration of interference.
- Defendant’s motivation.
Bullets fired across the property. Is this a trespass or a nuisance?
Nuisance.
Examples of nuisance:
- Pollution.
- Noise.
- Smell.
- Lights.
Which tort has been used for social utility in the context of environmentalism?
Nuisance.
What are possible remedies for nuisance?
- Compensatory damages to repair losses.
- Injunction to prevent future losses.
- Social utility factor to keep something going (most people in town work at factory).
Rylands v. Fletcher
Mill owner constructed a reservoir on their land. The water broke through and flooded neighbouring lands.
What is the rule imposed in Rylands v. Fletcher?
Strict liability, the person who for his own purposes brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it at his peril.
What must the plaintiff prove in Rylands v. Fletcher?
- Defendant’s non-natural use of land.
- Creation of special danger.
- Escape from defendant’s land.
- Loss or injury to plaintiff.
Strict Liability
Plaintiff need only prove the act, and not the intent to do damage by the defendant.
It is ___ to prove a claim under Rylands v. Fletcher than in other torts.
Easier.
With strict liability, you only need to show ___ ___.
Actus reus. Not mens rea. For example, speeding tickets.
Defences to strict liability claims:
- Plaintiff consented to non-natural use.
- Unavoidable act of God or third party.
Aggressive Competition vs. Fair Play
It is fair for a business to move in next to another business. However, you cannot try to hurt their reputation (as opposed to promoting yourself).
When does defamation apply?
When the plaintiff shows that the defendant is intentionally or negligently damaging his or her reputation by making harmful statements about the individual that they knew to be false.
Defamation must involve the harming…
The reputation of a living human being.
Defamation
- False statement that damages a persons reputation.
- Libel.
- Slander.
Libel
Defamation that is written down.
Slander
Defamation that is spoken.
Both libel and slander need to be disclosed to a ___ ___, not only to the person themselves.
Third party.
Defamation must be ___ or ___ disclosed to a third party, damaging their reputation using harmful untruthful statements.
Intentionally, negligently.
You can have negligent defamation when…
You accidentally include someone in an email.
Can defamation apply to corporations?
No.
Does defamation have to be a false statement?
Yes.
What are defences to defamation?
- Justification (truth).
- Privilege.
- Fair comment.
What is the justification (truth) defence to defamation?
What you said was true, you cannot sue just because something is harmful or hurtful. It also needs to be false.
What is the privilege defence to defamation?
Settlement and client privilege. What you said to that person is said in confidence. Spousal privilege, you assume what is said is not going to be breached in confidence. Expect that the other person will not share the information.
What is the privilege defence to defamation that is not restricted to relationships?
Good faith measure, tries to protect the freedom of speech. You only have protection while in a privileged location. For example, the house of commons.
What is the fair comment defence to defamation?
Tries to protect free press. Wants to defend newspapers that publish, so they can write without being scared of a lawsuit.
Injurious Falsehood
False statement about a business causes loss.
Libel and slander is for living people, while injurious falsehood is for ___.
Businesses.
Criteria for injurious falsehood:
- Defendant made false statement.
- Defendant acted out of malice.
- False statement caused loss.
Injurious falsehood is a version of defamation as it relates to…
Products and businesses.
Unlawful Interference with Economic Relations.
Reach MD vs. PMAC. Anytime someone is trying to interfere with another’s opportunity to make money.