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LAW 122 (825)
Lecture 4

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Law and Business
LAW 122
Leigh Lampert

Chapter 4 9/24/2013 7:06:00 AM Midterm 10 multiple choice ¾ True false with explanation Invasion of Privacy -Striking a difficult balance  Privacy increasingly under threat of invasion  Camera-equipped cellular telephones  Internet predators and vulnerable children -Need to protect countervailing interests  freedom of expression  collection of personal information and data -No separate tort called invasion of privacy -Reasons:  courts want to support freedom of expression  courts are concerned about defining concept of privacy in a way that strikes a fair balance between the parties.  Difficult to define scope of protected interests  Losses often merely intangible (embarrassment) -Possible emergence of judge-made tort  courts increasingly imposing liability for invasion o surveillance camera to monitor a neighbor’s backyard o unauthorized use of photography o unauthorized disclosure of HIV- positive status -Section 162 of the Criminal Code  Crime of voyeurism: secretly observing or recording a person “in circumstances that give rise to a reasonable expectation of privacy”  E.g if the person is engaged in sexual activity or is nude -Statutory torts  enacted in some provinces only  liability for willful violation of privacy -In Canada, the ability to sue in tort law for an invasion of privacy varies from on jurisdiction to another. -Ontario- 2012 Court of Appeal decision in the Jones v. Tsige case: tort of intrusion upon seclusion now exists in Ontario. -exemplary damages awarded to make an example or statement Key features of the tort of inclusion upon seclusion are:  Defendant’s actions =intentional or reckless; -Recognized cause of action for invasion of privacy in the form of the intrusion upon seclusion. -Not enough to establish plaintiff actually experiences deep humiliation or anguish; must establish that a reasonable person would have experienced deep humiliation or anguish. -Not necessary to establish harm to a recognized economic interest -The right to privacy that is protected is not an absolute right.  To be balanced against competing claims, such as freedom of expression and freedom of the press. Chapter 5 9/24/2013 7:06:00 AM Miscellaneous Torts Affecting Business -Recurring tension in business law  aggressive competition vs. fair play  market forces vs. legal intervention -Acts permitted unless specifically prohibited  business torts: the exception- not the rule Conspiracy -the strange magic in numbers  no tort if one party hurts another economically o single party may be powerful multinational  tort if two parties hurt another economically o two parties may be weak individuals -plaintiff must prove  if conspiracy to commit lawful act o defendants’ primary purpose was to hurt plaintiff -if conspiracy to commit unlawful act  defendants should have known risk of harm Intimida
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