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Lecture 13

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Comm 300
Paul Lester

- Jimmy’s Trucking Ltd has sued Hoffa Security Inc in tort. Jimmy’s accuses Hoffa of committing torts that resulted in substantial economic losses. The evidence indicates that, aside from Jimmy’s specific allegations in tort, Hoffa did not act in an unlawful or unauthorized way. The evidence further indicates that while Hoffa’s actions were directed toward Jimmy’s, Hoffa did not specifically intend to injure Jimmy’s economic interests. On these facts, Hoffa may be liable for o direct inducement to breach of contract, but not indirect inducement to breach of contract - The tort of unlawful interference with economic relations o requires proof that, among other things, the defendant acted with an intention to injure the plaintiff - Sweety Cola and Bubbly Cola are competitors in the cola market. As part of a recent advertising campaign, Sweety claimed that: its cola has zero calories; Bubbly’s cola has caused cancer in laboratory rats; Bubbly sells its cola in bottles that actually belong to other beverage manufacturers; and Bubbly sells its cola in bottles that are designed to make consumers believe that they are buying Sweety’s cola. Bubbly has sued Sweety for the tort of injurious falsehood. Sweety may be held liable if o Bubbly Cola has not caused cancer in laboratory rats - Brownie Inc and Chewy Ltd are competitors in the chocolate bar market. Their “trade war” involves several facts. First, as part of a recent advertising campaign, Brownie claimed that claimed that its own products are calorie-free. Second, Brownie said that Chewy uses only third-rate materials in its products. Third, Brownie said that Chewy’s products are proven to cause cancer. And fourth, Brownie occasionally packages its products in such a way as to make consumers believe that they are buying Chewy products. Which of the following statements is TRUE o If Brownie’s products are not calorie free, Brownie may be held liable for misleading advertising - Which of the following statements is TRUE with respect to the tort of injurious falsehood o It requires proof that the defendant’s statement caused the plaintiff to suffer a loss - The Ontario Court of Appeal’s decision in Reach MD Inc v Pharmaceutical Manufacturers Association of Canada is vitally important to the tort of o interference with economic relations - Simon, who is nine years old, was recently injured after he wandered onto Regina’s land. Simon was infected with a disease
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