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ACTG 2P40 Midterm: midterm review.docx

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Up to the end of legality (chapter 7) Short answer will be like: explain this, tell the difference between…, things like definitions Intentional Torts  Assault and battery o Separate torts; but often happen together! o Assault: threat of contact o Battery: actual contact of a physical nature without consent o Can have assault without battery, but can’t have battery without assault o Doesn’t matter how forceful it is o Don’t confuse with criminal code!!  Trespass and nuisance o Entering onto the lands of another without consent or lawful right o activity which interferes with enjoyment of property unreasonably and without lawful right *right to quiet enjoyment *have to prove that another person is ruining your time on your property by being unreasonable, and acting without lawful right  False imprisonment o Intentional and without lawful justification confining of another to prevent them from exercising the right to leave o Belief that one cannot leave is sufficient o Shoplifting cases *This does NOT apply to police officers *CAN arrest officers with malicious prosecution. When they arrested you, they had no reasonable belief that you had done something wrong. Vicarious Liability: not suing that individual, suing their employee (ie. At Isaac’s, not suing the bouncer, suing BrockU)  Defamation o Words that when published would tend to bring a person into disrepute among their peers o Published: communication to a third party o Two kinds: Libel (written) and Slander (oral) *if slander, it must prove a monetary loss *If Libel, it is assumed KNOW THE DEFINITIONS AS THIS CONTAINS THE ELEMENTS OF THE TORT Negligence 1. Three Elements  Duty of care  Where there is a sufficiently close relationship between the parties that one could reasonably foresee that carelessness on one’s part might cause harm to another  Standard of care  What a reasonable person would have done in all the circumstances  … for a professional: what a professional with the same level of expertise would have done in all of the circumstances  Causation (2 tests)  But for Test: but for the negligent act of the defendant, the plaintiff would not have suffered the loss  Approximate Cause Test: the negligent act of the defendant need not be the sole cause of the loss/injury so long as it substantially contributes 2. Defenses  Volenti  100% defense  Contributory negligence  Gives plaintiff part of the responsibility  Remoteness  Loss must flow naturally from the breech  Some relationship between loss and negligent act Special Torts 1. Manufacturers Liability a. Reasonably free of defect b. Duty to warn 2. Occupier’s Liability Contracts  Formation 1. Offer  Offer: indication of one party that he/she is willing to enter into a binding arrangement with the other party and will be bound to perform as soon as accepted  Offeror: person making the offer  Offeree: recipient of the offer 2. Acceptance  Words of conduct that consent to the terms of the offer in the manner prescribed  Rules: Communication of Acceptance (ex. Hold up # at auction) 3. Consideration  Some right, interest, profit or benefit accruing to the one party or some forebearance, detriment, loss or responsibility given, suffered or undertaken by the other  Rules: don’t have to receive consideration, can direct
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