BUSINESS TORTS

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28 Terms

1
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What is Breach of Contract?

  • where you have a contract with someone and you break it, back out of it, or don’t do what you were supposed to do

2
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What is Inducing Breach of Contract?

  • causing or persuading a contract to breach it

  • inducing someone else to break a contract, but not yours

  • must be deliberate

3
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Example of Inducing Breach of Contract

  • Kristene owns a building company and I wanna hire her, but there’s a worker that I don’t like.

  • I tell her I don’t wanna work with her unless she fires that worker

  • The worker can sue me for inducing breach of contract (employment contract) because I gave the idea to Kristene

4
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Who was Pocklington?

  • what a creative director for Gainers, owned Pocklington Holdings, and an owner of the Oilers

  • went to Alberta govt and got a loan for the Gainers company

5
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What were the terms for the loan between Gainers and the AB govt?

  • clause that no assets could be sold ot disposed of without the consent of the Alberta govt

6
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In 1980s, what became the problem for Gainers?

  • suffering through financial problems

  • Pocklington sells Gretzky to make money but it wasn’t enough

  • AB govt looked at Gainers financial situation and decide to call in their loan

7
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What did Pocklington do when the govt called in the loan?

  • he moves the Gainers assets into his Pocklington Holdings conpany

  • did it to hide the assets and protect them for himself

8
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What was the result of Pocklington moving assets from Gainers to Holdings?

  • stated in contract with the govt loan that he couldn’t move, sell, or dispose the assets without the consent of the govt

  • went against this and govt sues him for inducing Gainers of breaching the contract

9
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Business Tort - Interference with Economic Relations

  • engaging in unlawful conduct like bribery, defamation, or paying kickbacks to discourage customers from engaging with the competitors

  • illegal actions interfering with the normal way the market should work

10
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Business Tort - Intimidation

  • business tort equivalent to assault

  • through threat

11
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Business Tort - Deceit or Fraudulent Misrepresentation

  • intentional and fraudulent misleading of another party causing them damage

12
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Fraud Continuum Scenario - Knowing Them to be False

  • deliberately lying → most serious

  • ex. working at a car dealership and wanting to make a sale. Customer asks if the car’s ever been in an accident

  • I say no, even though I know it’s been in an accident

13
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Fraud Continuum Scenario - Without Belief in Their Truth

  • a little serious

  • ex. telling a customer the car’s was driven by a old lady and rarely used it even though I don’t actually know that.

  • very slim possibility

14
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Fraud Continuum Scenario - Reckless/Not Caring Whether True or Not

  • less serious

  • ex. customer asks if there’s warranty on the car and I just say yes but I don’t know if there is at all

15
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What damages are rewarded in actions of Fraudulent Misrepresentation?

  • punitive damages

  • depends on the severity of the fraud

  • did it happen more than once, seriousness, documents involved?

16
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Business Tort - Conspiracy to Injure?

  • when you get parties acting together to injure the business interests of another

  • usually the competitor

17
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Fast food example of Conspiracy to Injure

  • Mcdo, A&W, and Burger King are upset because Tims is getting a bigger share of the market

  • those 3 conspire together to put pressure on suppliers to basically limit and cut of Tims’ supplies

18
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Business Tort - Malicious Prosecution?

  • making up a story to press charges against someone out of malice

  • plaintiff must establish that the defendant initiated prosecution out of malice

  • must be lack of reasonable grounds in the defendants case

19
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Business Tort - Passing Off

  • misleading the public as to whose product or service is being offered at yours as well

    • as if your product was anothers

20
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If I made a company called “McRon’s”, how would i pass off to be part of McDo?

  • making a happy meal type thing but calling it happiness meal

  • people think im associated with Mcdo and they come to my restaurant

21
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Passing Off - First Thing Plaintiff Must Prove

  • prove that the goods, service, and business of the plaintiff have a reputation that is worth protecting

22
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Passing Off - Second Thing Plaintiff Must Prove

  • the defendant misrepresented its goods, services, or business as being those/associated with the plaintiff

23
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Passing Off - Third Thing Plaintiff Must Prove

  • the public was misled or confused

  • confusion is likely

24
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Passing Off - Fourth Thing Plaintiff Must Prove

  • that the plaintiff suffered damages

  • ex. loss of business, loss of reputation

25
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Business Tort - Breach of Confidentiality

  • involves the wrongful disclosure of confidential info

  • ex. trade secrets, customer lists, future plans

26
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How does one “Breach Confidentiality”?

  • info must’ve been of confidential nature, given to someone in confidence, and then misused by the person who received the info

  • basically an NDA

27
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Business Tort - Injuries Falshehood or Trade Defamation

  • defamation in a business setting

  • making statements that are untrue and unfounded about the goods or products of another

28
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What results from Trade Defamation?

  • consumers to regard products or services less favourable

  • damages suffered by the plaintiff