LAW 122 Study Guide - Midterm Guide: False Statement, Statutory Authority, No Liability

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Sari Graben

Document Summary

Chapter 5: miscellaneous torts: plaintiff has to prove: Each type of visitor historically was owed a different level of obligation: courts have now modified this considerably in modern decisions. Statutory rules for occupier"s liability (pg 111: some variation between provinces but basic principles the same. Limited liability to trespassers: occupier may now avoid liability using warning signs. Landlords now liable if repairs under lease not made: unreasonable interference with use and enjoyment of land, forms of nuisance: Nuisance inevitable result of statutory action: moving to nuisance is not a defence, common remedies, compensatory damages to repair losses, injunction to prevent future losses: Defamation (pg 116: false statement that may damage reputation, plaintiff has to prove, statement reasonably refers to plaintiff. Group statement must refer to plaintiff personally: statement could hurt plaintiff"s reputation, statement was published to third person. Rarely awarded due to concern for free speech. Requires clear evidence that defamation is likely.