Torts Flashcards
What are the classifications of Torts?
Intentional: deliberate acts that cause injury or loss
(assault, passing off, inducing breach of contract, fraudulent misrepresentation, trespass, defamation)
Unintentional: careless or negligent acts that cause injury or loss (negligence, negligent misrepresentation or misstatement, negligent hiring)
What is defamation?
A false statement about someone to his or her detriment.
- must be published or broadcast
- slander = spoken defamation
- libel = written defamation
What are defenses of defamation?
- Truth
- Fair Comment
- Absolute Privilege
- Qualified Privilege
What is inducement?
Luring someone away from a job and terminating them so that they suffer loss.
What is inducing breach of contract?
Involves a company, A, luring an EE away from company B such that the EE breached her contract with B. Company A may be liable for damages to B for inducing breach of contract.
What are the four essential elements of negligence?
A: A duty of care is owed to the plaintiff
B: Breach of the duty of care
C: Causation - the act caused the injury
D: Damages - the victim suffered a loss.
All four must be proven to win a case of negligence.
What is A: A duty of care is owed to the Plaintiff? (Negligence)
We owe a duty to anyone we can reasonably foresee might be harmed by our conduct (“Reasonable foreseeability test).
What is negligent misstatement?
Giving of poor, or wrong advice as a professional.
Professionals of all kinds held to a high standard of advice giving.
- no excuse if new the field
- 3rd parties affected by negligent advice or misstatement may have a cause of action
What is negligence?
An inadvertent, careless conduct that causes injury to another.
What is B: Breach of Duty? (negligence)
If a reasonably prudent person would not engage in the conduct at issue, then the defendant has breached the duty by engaging in it.
What is C: Causation? (negligence)
The act caused the injury. Must stand up to the ‘But For’ test: but for the conduct of the defendant, the injury would not have occurred…
What are the defences for negligence?
Remoteness - harm suffered is too far removed from the original careless act.
Contributory negligence: Plaintiff partially responsible for own loss.
Voluntarily assuming the risk: valenti - person enters the situation where the risk of injury is obvious.
Are children responsible for their own torts?
Yes.
Standards is that a reasonable child of that age would not have done the same. Parents are not generally responsible unless there is a duty to control, instruct, or supervise or a statute imposes a duty. (Eg. BC Parental Liability Act - responsible for up to $10,000)
What is negligence in hiring?
When an employer hires an EE that presents a risk to a third party. That risk could have been uncovered through an investigation (criminal check). The employer is liable to the third party if that EE causes harm to them.
What is absolute privilege?
Although the law is subject to sudden change in this area, as of 2007, absolute privilege protects persons from tort claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial.
