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COMM 381 (20)

Course wrapup

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COMM 381
Philip Osanic

Comm381 – Course wrapup Anns Test - establish proximity & reasonable foreseeability (subjective & [objective: reasonable person] - proximity – closeness of relationship between two parties in whatever happens o tort law  family gives requisite proximity o loss of care/guidance/ - Public policy considerations – will not grant a duty of care  would the duty of care open the flood gates in litigation o Duty of care test  was duty of care breached  was any harm suffered  if no then no tort liability Products liability - Sales of Goods act - Food  Must be fit for human consumption - Manufacturers have to produce safe design o Manufacture without defect o Adequately mark product for any harm/hazards - Doctors prescriptions  whose onus? - Reverse onus of proof  proving that it was not _____ Intentional torts - Battery – unwanted touching without consent o Can be medical -> operates on you without consent - Assault – apprehension of imminent harm - False imprisonment – require intent - Malicious prosecution  corruption? Not just negligent investigation, someone did on purpose with intent knowing that someone was not guilty - Deceit -> lying which causes suffering harm - Defamation  liable – written; slander – spoken o Saying something untrue about someone -> must be published -> on the internet counts -> and you know its not true o Absolute privilege – can say anything in house of commons and not be sued for it o Has to be meant to be taken seriously o Public interest  best for public interest  Public has a right to know (when police mess up we should know) o Responsible journalism  Did everything reasonably necessary to show what they did/said was true (or thought it was true)  Publish retraction will be sufficient Conversion – converting someone else’s property into your own Occupiers liability  the occupiers liability act - Any occupier on premises must do everything reasonable so anyone coming onto premises is reasonably safe including if they are trespassing (duty of common humanity, must treat them as humans) - Higher standard of care for Invitees (if paying money to do/go/be at ____) - standard is even higher when serving people alcohol (intoxicated)  must check for age, cannot over serve, cannot sell if already drunk or - Inn keepers liability - Social Host liability – have a party, serving alcohol, should you be liable to same extent as bar/restaurant? For time being no  circumstances where BYOB party…. Didn’t knowingly over serve - Kid who died @ construction -> if next to school and kids climbed everyday  not enough Employer’s liability - Held to a higher standard of care because they have expertise that other memb
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