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Lecture 2

ACTG 2P40 Lecture 2: Lecture 2

7 Pages
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Department
Accounting
Course Code
ACTG 2P40
Professor
Katharine Book

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ACTG 2P40 – LECTURE 2
TORT LAW – CHAPTER 3 & 4
Tort Law
1) Writ System
- Only a certain kinds of claims you can make
2) Two kinds of Torts
a. Intentional Torts
- 5 types of intentional torts
b. Unintentional Tort
- Negligence – accidental, unintentional
- 3 types of test
Intentional Tort
1) Assault and Battery
- Assault : threat of contact (raising the fist)
- Battery: actual contact of physical nature without consent (the physical contact)
- Damage is sometime kind of loss
- Doesn’t matter if the person is injured or not
- In order for a consent to be valid it has to be an informed consent, which is when the
person agrees to it (i.e. doctors, and dentist)
- You can only have an assault, but if you have an battery you always have an assault
always
2) Trespass
- Entering into the lands of another without consent or lawful right
-Nuisance – if you have a trespass, you have a nuisance
- If some sues someone with trespass, they are usually suing them with nuisance as
well
- If someone else causes something to go to someone else’s land that’s trespassing
too
- Example – mining company (building tunnels underneath the houses, causing them
to collapse)
-Zoning- is what you did legal?
- There are rules on how you can use your property that the city sets
- There are different rules for different zones such as agriculture, residential,
commercial
-Trespass Act – a form that you can mail to the person asking them not to return
your property
- Implied consent
3) False Imprisonment
- Intentional and without lawful justification confining of another to prevent them from
exercising the right to leave
- False imprisonment doesn’t work with the police, one can’t sue the police for
imprisonment
- Only sue the people for malicious prosecution – they knew they were wrong for
arresting you. Police arrest you purposely knowing that you aren’t guilty of something
- Belief that one cannot leave is sufficient
- Shoplifting cases
-Auspice of Authority – if one believe they have the authority
-Citizen’s Arrest – exercising the citizen’s rights of arrest
4) Defamation
- Words that when published would tend to bring a person into disrepute among their
peers
- Published: communicated to a third party
- Two Kinds: Libel (written in any form) and Slander (said verbally/orally)
- Defences: Truth, Privilege, & Opinion
- Truth: if it is true than it is not a defamation
- Opinion: it would be someone else’s opinion
- Privilege: there are certain times you can complain

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Description
ACTG 2P40 LECTURE 2 TORT LAW CHAPTER 3 4 Tort Law 1)Writ System Only a certain kinds of claims you can make 2)Two kinds of Torts a.Intentional Torts 5 types of intentional torts b.Unintentional Tort Negligence accidental, unintentional 3 types of test Intentional Tort 1)Assault and Battery Assault : threat of contact (raising the fist) Battery: actual contact of physical nature without consent (the physical contact) Damage is sometime kind of loss Doesnt matter if the person is injured or not In order for a consent to be valid it has to be an informed consent, which is when the person agrees to it (i.e. doctors, and dentist) You can only have an assault, but if you have an battery you always have an assault always 2)Trespass Entering into the lands of another without consent or lawful right Nuisance if you have a trespass, you have a nuisance If some sues someone with trespass, they are usually suing them with nuisance as well If someone else causes something to go to someone elses land thats trespassing too
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