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Week 5 - Intentional:special Torts (chapter 4:6).doc

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Administrative Studies
ADMS 2610
William Pomerantz

5.1 . Week 5 Chapter 4 Intentional Torts Tort - a wrong commited by one person to another - Interference with a persons - Property - Person - reputation Trying to hurt someone Assault - (threat of violence or injury) Battery (actual physical contact) - with intention to cause harm OR - Without consent (e.g. Surgeon) OR - E.g. Jehovah not allowed blood transfusion - surgeon gave them one - they sued - Doctor is not liable - In anger OR - Accompanied by threat of violence or injury Defences: i) Provocation (only affects punitive damages) ii) Self-defence (only if force used reasonable and necessary) E.g. Bouncer removes patron that they dont want the drunk person there, Drunk person re- sists because they are so drunk, the bouncer pushed the guy lightly and the guy fell, the guy comes back and the bouncer beats the guy up - Bouncer claims Self defence - NOT SELF DE- FENCE because the person was way to drunk to defend themselves False Imprisonment (e.g. Shopkeepers) - restraint or confinement of individual by person who has no lawful right to do so (exception - po- lice with reasonable grounds) Defences (but should still contact police immediately): - person seized in process of committing a crime - Innocent person falsely seized but with reasonable and probably grounds to believe that person committed a crime (not mere suspicion) Defamation - False statements that significantly injure one’s private, professional, or business reputation - statements or gestures that are spoken 5.2 B) Slander - (spoken) statements or gestures C) Libel (e.g. Printed slander) Defences i) true; ii) Absolute privilege (e.g. Parliament, courts, public inquiries, etc) iii) Qualified privilege (e.g. Letter of reference, fair comment and criticism in matters of public interest) - if statement made in good faith (e.g. Malicious intent) with an honest belief in its accura- cy - TMZ - criticiaing public figures - Not defamation - if it is our opinion and we believe it - can’t be sued for it - PUBLIC FIGURES are allowed to accept fair comments - at least 1 third party has to hear it - Has to ruin reputation #1 defense to defamation is TRUTH Conversion or Trespass to Goods - Wrongful taking of the goods of another (e.g., refuse to return goods you are storing for owner) - Willful damage of goods while in owner’s possession (e.g., puncturing tires of cars on dealer’s lot) Business-Related Torts and Crimes Slander of Goods - Statement alleging that the goods of a competitor are defective, shoddy or injurious to the health of a consumer - salesperson: don;t buy the other store’s plasma televisions, I’ve checked them out and they’re all defective Making comments that are not true about competitors Slander of Title - an untrue statement about the right of another to the ownership of goods - sales person: you don’t want to buy the other store’s Toronto Maple Leafs hockey shirts, they’re not even officially licensed NHLproducts Injurious falsehood - false statements about a firm, its products, or business practices intended to dissuade others from doing business with the firm 5.3 - general saying: may say competitor is bankrupt when they’re not, going after com- petitor in a general way, example saying the business doesn’t pay taxes - ruin reputa- tion of competitor Conspiracies in Restraint of Trade - agreement between firms to fix prices, injure competition, or prevent others from entering a mar- ket - gas station manager to another why don’t you duplicate my gas prices this month, and I’ll copy your prices next month? Fraudulent Misrepresentation (i.e., Deceit) - a tort that arises when a party suffers damage by acting upon a false representation made by a part with the intention of deceiving the other Fraudulent Conversion of Goods Supposed Employee: I’m the personal assistant of Bill Gates, and he wants his new Xbox 360 delivered tomorrow. Unfair Business Practices Salesperson: I just make a killing selling that used car that was ruined in the flood to that
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