Lecture 9.docx

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University of Northern British Columbia
Comm 304
Balbinder S.Deo

Lecture Nine Tort Law (cont.)  Injurious falsehood, slander of typo, slander of producting (something wrong with the quality of your product and that’s why you shouldn’t buy it) o Cola taste test wasn’t injurious falsehood, chilled their own brand, while other one was cool to be less appealing o Putting a penny in a glass of cola and showing that it disintegrates it, even though all types of pop do the same damage is injurious falsehood  You have to have a false statement, defendant has to have wished harmed on the other party  Recklessness of the truth is sufficient to be malice (gossip)  Some torts are intentional, knowing that their action could cause that problem  Some torts are negligent, you always have to find what the duty of care was, if there is no duty of care, the person is not liable of what happened next, if there was a duty of care (what is expected) you have to check if the defendant met the standard of care; as a member of society has a duty, a reasonable person  If the defendant did not meet the standard of care, its proved fault  You have to prove causation after being proven fault  You have to have some responsibility to behave to others in a certain way, if you misbehave (be negligent), you must pay the consequences  Some situations you don’t have to prove o If it is a strict liability offence, or if there is a statute saying it is a strict offence, transporting dangerous materials o When its strict liability you don’t have to show person who is at fault, you do have to show their actions caused injuries o If you can show that, if it’s a strict liability, they are liable without having to be at fault o Strict liability, if a statute says it, if it deals with wild animals, if it meets rylands and fletcher’s rule  In negligence, you should always follow the pattern, who’s the plaintiff, who’s the defendant, if you know who they are, identify what kind of tort it is, may also be crimes, what duty or duties of care does defendant have toward plaintiff, does his actions meet duty of care (duty of occupier’s liabilityto take reasonable care...)  In our society when people are injured by other people’s behaviour, we want to compensate, tort is about compensations of person who is injured, crime is about punishment of perpetrator Contract law  Situation in which two parties (multiple) make up their own law for the two of them, does not apply to anyone not within agreement, carry out a purpose of some sort  Lots of agreements happen that cannot happen  Not all agreement between parties (social and family relationships are usually excluded)  If a party did not do what they said they would do, the party that did live up to agreement can sue  If family member did not follow through, promissory note is evidence that in family and social things, presumption is that it isn’t legal relationship, no intention to pay back o But you can overthrow that presumption=rebut, if prof. lent her daughter $10,000 and wanted interest on the final payment in two years, it is apparent that this is a legal transaction and n
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