LAW 122 Lecture Notes - Lecture 5: Qualified Privilege, Damages, Microsoft Powerpoint
Document Summary
Indirect inducement to breach of contract conduct: occurs when the defendant indirectly persuades a third party to break its contract with the plaintiff. May occur if the defendant commits an unlawful act for the purposes of causing the plaintiff to suffer and economic loss: any unlawful (illegal) act that results in a loss for the plaintiff. Occurs when the defendant unreasonably interferes with the plaintiffs use and enjoyment of their own land: only occurs if the defendants interference is unreasonable, courts will take into consideration the following: The time and day of the interference. The intensity and duration of the interference. The social utility of the defendant"s conduct. The defendant"s motive: defence, statutory authority. The defendant caused a nuisance while acting under legislation. Ex: city of toronto is protected against being sued for construction on the street during the night, a private company would not be protected and it would a nuisance: remedies, compensatory damages, injunctions.