Torts & Contracts: Chapter 1 Intentional Torts

why study business law

• to avoid legal pitfalls

• to learn obligations and rights

substantive law

that defines rights and duties

• law of homicide

• “what is”

• examples:

• - law of theft

• - meaning of weapon in criminal code

• - law of easements

• - occupiers liability law

procedural law

that establishes the rules and processes for enforcing rights and obligations in a legal context

• examples:

• - rules describing a petition for divorce

• - requirements to file a trasnfer/deed

public law

laws dealing with our relationship to governments or between governments (individuals and the state)

example:

• constitutional law

• criminal law

private law

laws dealing with relationship between individuals (persons or corporations)

-examples:

• family law

• torts

• contracts

• property law

criminal law

• offence against the state

• R vs Robert smith

• charged

• crown and accused

civil law

• dont get charged

• bet

sources of tort and contract law

common law -

statute law - laws passed thru parliment

case law - involves common law

example of taking it to court

• ABC entered a contract to loan Jim henderson $14,000

• ABC provided Jim Henderson with the $14,000

• when ABC demanded payment of the principal plus interest, Jim failed to pay

• “case of action” was the breach of contract

• remedy was ABC asking court for repayment of the principal plus interest to the date of judgement

small claims court

cases up to 35,000

superior court of justice

cases over $35,000

What is a tort

• tort meaning wrong

• the law of civil wrongs

what is a contract

a mutual exchange of promises which will be enforced by a court of law

what are the two things you need when going to court

1. case of action

2. remedy - damages

vicarious liability

the responsibility of an employer to compensate for harm caused by emplyees in the normal course of their emplyment

personal liability

businesses often carry on their activities thru a corporation for the protection of the corporate shield

• everyone is personally liable for any tort they commit

• example: a retired professional boxer is a bouncer for a pub that is a corporation

• - he loses his temper and viciously punches a patron

• - this is an extreme use of forcehe has commited the tort of battery

• - he is personally liable and the corporation is liable under the doctrine of viciarious liability

two major types of torts

1. intentional torts

2. unintentional torts

intentional torts

harmful acts that are commited on purpose and fpr which the law provides a remedy

examples;

assault

tresspass

malicious prosecution

false arrest

false imrpinsonment

defamtion

unintentional torts

when someone acts carelessly or without thought and causes unintentional harm to another person or property

• the tort of negligence

• example;

• a doctor who is careless while operating on a patient and causes injury

in the civil code system land is called…

immovable property

in the civil code system property is called…

movable property

citizens arrest

• any person has legal authority to arrest a person found in the act of commiting a criminal offense IF they believe it is not feasble for a police officer to makee the arrest

• citizens have no right to search ppl against their will but can ask them to permit a search

• if the person objects, the person should be turned to police

• security guards must warn person they habe the right to

false imprisonment

1. deprivation of liberty

2. against the will of the person detained

3. caused by the defendant

what is the proper way to detain someone

-       a police officer can arrest based on reasonable grounds and be mistaken and not subject to a civil suit for wrongful arrest , a citizen can only arrest if there has in fact been a crime committed

malicious prosecution

causing a person to be prosecuted for a crime without an honest belief that a crime had been committed

4 criteria must be met for malicious prosecution

1. criminal charges were laid

2. those charges were later dismissed or withdrawn

3. there were no reasonable or probable grounds for bringing the charges

4. there was malice or an improper motive for laying charges

trespass

the entry onto the property of another without the owners permission

revocation

withdrawal of an offer before acceptance and communicating the withdrawal to the offeree makes the customer a tresspasser

trespass to goods

involves intentional interference that causes damage or interference to another goods

example;

-       If a person means to break another person’s windows or scratch their car on purpose, these would be examples of trespass to goods, the court will award damages to compensate for the damages caused

conversion

unauthorized use of the goods of another

• shoplifting

two ways conversion can be committed

1. the property might come into an individuals possession by the permission of the owner but the recipient refuses to return it

2. the property might be obtained by false pretences (fake cheque)

detinue

occurs when a person who has legally come into the possession of an item but detains it , that is refuses to return it to the owner

• detain

• remains as a separate tort b/c it alone provides the remedy of a court order directing the return of the goods

nuisance

involves a use by one landowner that substantially and unreasonably interferes with another occupiers ordinary use of the land

• can include untouchables like smoke or noise

• public nuisance: government can sue for nuisance that affects public property

picketing

by dissatisfied employees done peacefully near a business property disturb the business use of its property but is justified on the basis that the employees have the right to inform the public

assault

the threat to do harm to a person

battery

physical contact with a person without consent

consent

a defence to a claim of assault or battery if the person agreed to physical contact

informed consent

the person must be informed of all significant risks when they consented

self- defence

a response to an assault or battery with as much force as is reasonable in the circumstances

• must provide a genuine fear of injury at the hands of the plaintiff and the defendant only struck at the plaintiff for self-protection

intrusion upon seclusion

intentionally intruding upon the seclusion or private affairs of another and it would be highly offensive to a reasonable person

publicity placing a person in a false light

highly offensive to a reasonable person

the defendant has knowledge of or acted in reckless disregard to the falsity of the publicized matter and the false light in which the plaintiff would be placed

defamation

making an untrue statement that causes injury to the reputation of an individual or business including libel & slander

libel

defamation is written or broadcasted

slander

defamation is spoken

innuendo

to nod or indicate by pointing the head, hint at meaning rather than express directly

repetition

repeating a defamatory statement

defences to defamation

1. innocent dissemination: an individual who is in the business of distribution might as well be unaware of the contents of a defamatory publication: libraries

2. truth/ justification: an action for defamation will succeed only if the statement is untrue , up to the the individual who made it to prove its true

3. absolute privilege: complete immunity for liability for defamation; the defamatory statement cannot be grounds for a lawsuit

4. qualified privilege: immunity from liability for defamation when the statement is made in good faith to a person which has authority over the person defamed

5. fair comment: harmful statements were made about public figures

6. responsible communication: the defendent must show that they acted responsibly in reporting on a matter of public interest

injurious falsehood

a false statement about goods or services that is harmful to the reputation of those goods or services

• falsely claiming a company is going bankrupt

• claiming a company is using illegal products

• false claiming a company has violated patent ot trademark laws

deceit

-       Involves defendant making a false statement which it knows was untrue or partially untrue and intentionally misleads the plaintiff and actually causes them to suffer losses

called civil fraud

• dealt within contract law under fraudulent misrepresentation

• a lie that causes economic loses

intentional business torts

• the competition act deals with many competitive behaviours

• passing off

• inducing a breach of contract

• misuse of confidential info

• conspiracy

passing off

business form of plagiarism

knock offs

three requirements of passing off

1. goodwill or reputation attached such as name or distinguishable feature

2. misrepresentation by the defendent that will confuse public into thinking that the defendents product is the plaintiffs product

3. plaintiff must show it has suffered or will suffer damage to their business

inducing breach of contract

intentionally causing one party to breach their contract with another