Ch.3 Torts - Bus 393 law

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