W5 part 1 blaw

Tort of Intimidation

• Definition: Intention to cause harm to the plaintiff.

• Inducing Breach of Contract:

  • If a contract exists (e.g., a sales agreement), and a third party deliberately induces a party to breach that contract, this constitutes inducing a breach of contract.

  • Binding Contract Requirement: There must be a valid contract between the parties.

  • The defendant must be aware of the existing contract and make attempts to cause its breach, leading to damages.

Case Example: Browning and Smith Wright (1985)

• Parties Involved: Browning (new competitor) vs. Smith Wright (established company).

• Industry: Garbage disposal business.

• Situation: Browning aggressively solicits clients from Smith Wright, encouraging them to cancel their contracts.

• Result:

  • Smith Wright learns of cancellations and attempts to re-engage clients.

  • Court intervention leads to an injunction against Smith Wright to stop inducing breaches, affirming Browning's claim.

Deceit in Tort Law

• Definition: Deceit occurs when someone makes a false statement or misrepresentation of fact with the intention of inducing reliance by another party, resulting in damages.

• Requirements for Deceit:

  • Must be a false statement of present or past fact.

  • Not based on opinion or speculation about the future.

  • The deceiver must know the statement is false or act with reckless disregard for the truth.

Case Example: BG Checo and BC Hydro (1993)

• Context: BC Hydro solicits bids for power line construction; Checo submits a bid based on misleading information.

• Misrepresentation: BC Hydro fails to disclose critical information that the clearing of rights of way would not be completed.

• Trial Outcome:

  • Evidence is revealed on the first trial day indicating BC Hydro's negligence.

  • Initially found liable for deceit, but the appeals court adjusts findings to negative misrepresentation without intent to deceive.

Additional Case: Overran and Gurney in the 1860s

• Background: A reputable finance house engages in risky investments, leading to financial difficulties.

• Deceitful Actions: Issuing a prospectus that falsely represented the company's stability to lure investors, ultimately leading to financial ruin.

Defamation

• Definition: Injury to a person's reputation through false statements.

• Criteria:

  • Must harm reputation; applies only to living persons.

  • Reasonable person standard used to assess harm.

• Types of Defamation:

  • Libel: Written statements.

  • Slander: Spoken statements (traditional distinctions are blurred in modern contexts).

• Damages: Required to prove harm; nominal damages can apply if defamation is established.

Defenses against Defamation

• Truth: A true statement cannot be defamatory.

• Privilege: Certain communications made within specific contexts (like parliamentary discussions) are protected.

• Fair Comment: Allows for expressed opinions unless they're based on false premises or harm reputation.

Relevant Case: CBC vs. Color Your World

• Situation: CBC aired a segment linking Color Your World to hazardous mercury in paint.

• Claim: Color Your World alleged defamation due to assumed connections between their products and mercury hazards.

• Outcome:

  • Trial court found liability; however, on appeal, the court determined no reasonable person would connect the paint store with the mercury issue.

Injurious Falsehood

• Definition: Making false statements about someone's property or products that cause economic harm.

• Case Example: Manitoba Free Press

  • A story claimed a widow's house was haunted, resulting in potential buyers being scared off.

  • Court found the newspaper's actions reckless in reporting without considering the consequences.

Summary Points

• Inducing Breach of Contract: Clearly involves knowledge of an existing contract and deliberate attempts to breach it.

• Deceit: Requires false statements made with intent to deceive.

• Defamation: Focuses on harm to reputation and has specific defenses.

• Understanding case precedents provides insight into how the law develops in tort cases.