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Lecture 5

LAW122 Week 5.docx

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Law and Business
LAW 122
Avner Levin

10/4/2013 12:29:00 PM Law week 5 Intention: Chapter 5  To harm the plaintiff o Actual intention, but also o Should have reasonably known that harm will occur, harm was reasonably foreseeable Conspiracy  Two or more persons agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss  Aggressive competition generally fine  An unlawful agreement (contract) Intimidation  Assault in a business context (threats in business context)  A threat to commit unlawful act, that resulted on a loss to the plaintiff  Elements o Unlawful act: crime, tort or even a breach of contract o Resulted: plaintiff changed their conduct as a result of threat  Threat may be against plaintiff or another person, but plaintiff changed their conduct o Focus is on the threat to act, not the actual action of the defendant Interference with Contract  Battery, in contracts  Disruption of contract between plaintiff and another  Direct or Indirect  Even if no contract o Un awful interference with economic relations Deceit (Fraud)  Intentionally false statement that mislead the plaintiff and caused their loss  Elements o False: A lie, but also  Half-truths  Failure to update information  Silence when defendant has duty to disclose (e.g. when purchasing insurance)  Intention: defendant knew statement was false or clearly should have known it to be false Elements of Deceit  Mislead: o Defendant intended to mislead plaintiff o It was reasonable to rely on statement  It is unreasonable to rely on puff (sales pitches, ads), prediction or opinion  Caused Loss: o Plaintiff suffered loss o Plaintiff will recover what they lost, not what they expected to make Defamation  A false, public statement that could lead a reasonable person to have lower opinion of the plaintiff  Purpose o To protect reputations  Elements of Defamation o False  Burden of proof is on defendant to prove that statement is true o Public  Statement was made to third party  Not statements between defendant and plaintiff o Statement about plaintiff  Not group (e.g. lawyers, politicians)  Objective test “about”  Any form of communication  Written (libel) traditionally more serious  Spoken (slander) traditionally less serious  Online?  Defenses to De
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