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tort
an act that causes harm to people or property
occupiers liability act
it is the occupier’s responsibility to ensure that their premises/property is safe for vistors
when must the state enforce a tort
tort must be enforced when it becomes a statutory offense
vicarious liability
when the act itself was committed by someone else but the responsibility fails on another party
an employee messed up a product that caused harm to someone, the company that sold the product is sued
companies can then countersue their employee but they won’t gain much out of it
negligence act
harming someone out of carelessness, directly or indirectly
must compensate the victim
joint liability
when there is more than one party who contributed to the negligence
the plaintiff can request to go after one person for the monetary damages but they could ultimately be countersued on the basis of “several” liability
contributory negligence
when the courts decide that the plaintiff also had a hand in their own harm —» leads to reduction in compensation
what are the elements of a tort
wrongful act + causation + quantifiable harm = tort
act: breach of care owed to plaintiff
causation: the effects of the act
q. harm: can it be proven in court
what is intentional tort + types?
when someone deliberatly causes harm to another
types
passing off: one company ripping off someone else’s products under a slightly different name
inducing a breach of contract
unintentional tort + types
happens b/c of negligence
types
product liability: defective products
anyone using the product is owed a duty of care, not just the person who bought it
occupier’s liability: unsafe premises
professional negligence: when a professional falls below recognized standards of practice, causing harm to others
their service is compared to industry standards
strict liability tort
fiduciary duty
enhanced standard of care that flows from a special relationship that requires high standard of good faith + loyalty
strict liability tort
this requires no proof of negligence b/c it is just that bad
I.e. owning a wild, ferocious animal —» even if you chain it up, if it gets out and harms someone, you will be responsible for keeping it
assault
the threat of imminent harm
battery
once there is physical contact causing harm
false imprisonment
detained by a mall cop without reasonable evidence
usually when freedom is restricted
reward is low b/c it is hard to prove quantifiable harm
what is defamation + types + how can we prove it?
when someone makes a statement causing harm to another person’s reputation —» usually out of malice or spite
written form: libel
verbal form: slander
must prove the following:
defendant’s published words
words were referred to the plaintiff
were defamatory
how can one defend themselves against a defamation allegation
rely on the “truth and fair comment”.
fair comment: the freedom to express opinions
what is tort of “unlawful means”
causing harm to a business and its way of making money by illegal acts —» your competition hires someone to vandalize your shop
can only be used to stretch liability
elements of negligence
defendant:
owed duty of care (legal responsibility to avoid causing harm)
breached standard of care (prevent/minimize harm)
breach caused plaintiff loss/injury
should have foreseen plaintiff’s loss + injury
what is the “but for” test
“but for the actions of the defendant, would the harm have occurred?” this assesses whether the result would’ve been the same if the action hadn’t occurred —» helps us understand if a specific action directly caused something that happened
what are some common business torts?
trepass to land
nuisance
invasion of privacy
What is the trepass act?
it is an offense to be on someone’s property despite a notice to leave; unless you have the express and implied permission of the occupier, you shouldn’t be there
what is nuisance?
when the defendant disrupts the use and enjoyment of the plaintiff’s property —> if you are partying until 4am and have very loud music on without a proper warning to your neighbors, they will can report you
invasion of privacy
it is an offense to be violating someone’s privacy without any right according to the Privacy Act
contributory negligence
plaintiff also has a hand in the harm that negligence caused them —» this means that they will only receive partial compensation
what is voluntary assumption of risk + what must be proven?
sometimes defendants can claim (if they can prove) that the plaintiff willingly put their own life at risk and assumed responsibility for their own fate —» waiver of liability (do it at your own risk)
this is not easily proven —» you must prove that the plaintiff accepted the physical risk and the legal risk
remedies for torts + types
the courts’ attempt to put the plaintiff back to the position they were in before the tort
most common is damages + also injunction —» which is to get someone to stop doing an act like passing off
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