LAW 122 Lecture Notes - Lecture 3: Partial Defence, Vicarious Liability, Contributory Negligence

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Sagi Peari

Document Summary

Defamation: a tort, which occurs when the defendant makes a false statement that could lead a. Nuisance: a tort, which occurs when the defendant unreasonably interferes with the plaintiff"s use and enjoyment of their own land. Defences to intentional torts: complete and partial: complete defence: protects the tortfeasor from all liability. Necessity: partial defence: allows a court to reduce damages on the basis of the plaintiff"s own responsibility for a loss or an injury. Defendant makes a false statement which they know to be untrue with which they intend to mislead the plaintiff and which causes the plaintiff to suffer a loss. Defendant knew statement was false (when he made it) or was reckless in determining truth. Plaintiff suffered loss as a result of reasonably relying upon statements. Test: defendant makes a false statement that could lead a reasonable person to have lower opinion of plaintiff. Elements of defamation: plaintiff must prove. Group statement must refer to plaintiff personally.