LAW 122 Lecture Notes - Lecture 3: Punitive Damages, Qualified Privilege, No Liability

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4 Feb 2016
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LAW 122
Business Torts – Lecture 3
Deceit (Fraud):
-A false, intentional, representation that was relied upon by the plainti and
which caused the plainti to suer a loss
-Representation: description or portrayal in a particular way (e.g. through a
statement)
oExample selling a faulty product with claims that it is perfect and not
faulty
- Elements of Deceit:
oFalse representation (statement)
Could be defendant's or a third party
"false" includes half-truths, failure to update information, and
silence when there is a duty to disclose (not saying all the truth
or never mentioning information when you have a duty to
disclose it and let the other party know)
Defendant knew or should have known statement was false
oIntentional
Used to be intention to mislead the plainti
Recent decisions could be just intention to make representation
oReliance – plainti must have relied upon representation
oLoss – Plainti must have suered a loss
Applying Law to Facts:
-All elements of tort must exist in order for tort to occur (all 3 have to have
existed and happened and proved)
oE.g. if no loss, then no tort, even if defendant lied
-Connected to Law of Misrepresentation in Contract Law (remedies)
Defamation:
-False, public statement about plainti that could lead a reasonable person to
have lower opinion of the plainti
-Statement – all forms of communication (including social media)
-Elements of Defamation:
oFalse – "truth is a defence"; see below
oPublic – not just between the two parties (public harm element would
be missing if its only between two parties)
oAbout plainti:
Intention:
To make statement
Not required to prove intention to create reference
Does not have to be malicious and intention does not
have to be harmful
Plainti does not need to prove malicious intent. Only has
to prove the statement was made and the defence has to
defend themselves then
Not required to prove intention to harm
Plainti must be living person (or existing corporation)
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