MCS 3040 Lecture Notes - Malicious Falsehood, Implied Consent, Product Liability

• School: University of Guelph
• Department: Marketing and Consumer Studies
• Course: MCS 3040
• Professor: Joseph Radocchia

Document Summary

Tort actions may arise in relation to property in a number of ways, most commonly when the occupier of the property harms others. Occupier: someone who has some degree of control over land or buildings on that land (can be more than 1) The liability that occupiers have to anyone who enters onto their land or property. Area of law varies by jurisdiction (e. g. quebec & newfoundland retain the common law while other provinces have occupier"s liability legislation) Liability is determined by classifying the visitor as a trespasser, licensee, invitee or contractual entrant. Each class is owed a different standard of care. Contractual entrant: anyone who was paid & who has contracted for the right to enter the premises. Visitors who have bought tickets to see dinosaur exhibit. Duty owed to this clad is warranty that the premises are as safe as reasonable care & skill on the part of anyone who can make them.