BTC1110 Study Guide - Final Guide: Intentional Tort, False Imprisonment, Qualified Privilege
4 Jan 2019
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Answers for part 2: the law of torts: d. the usual remedy in tort is compensatory damages, whereas punishment is the usual remedy for a crime. Thus, while fault is one consideration in assigning liability, it is not the only basis. Fault is a less onerous standard than strict liability. The behaviour constitutes interference with contractual relations since you persuaded a third party (the supplier) to break its contract with the plaintiff. Intimidation involves threat to commit an unlawful act: a. Proximity is a close and direct connection between the parties. The neighbour principle is the general test of whether a duty of care was owed: c. a reasonable person is someone of average intelligence who will prudently exercise reasonable care considering all of the circumstances. As well, too much time between the action and the injury might lead to a finding that the loss was too remote from the tortious act: a.
