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Midterm

ACTG 2P40 Study Guide - Midterm Guide: Vicarious Liability, False Imprisonment, Malicious Prosecution

5 Pages
404 Views
Fall 2011

Department
Accounting
Course Code
ACTG 2P40
Professor
Books
Study Guide
Midterm

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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

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Description
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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