LAW 122 Study Guide - Midterm Guide: Ultra Vires, Intentional Tort, Vicarious Liability
1 Dec 2017
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Legislates outside its authority, the law has no force or effect (section 52) Allows single person to sue on behalf of larger group. Court must follows any other court that is above it in a hierarchy. Provincial court follows superior court or court of appeal, but only of its own province. A tort occurs when a person acts carelessly. A tort occurs when the defendant is responsible for an especially dangerous activity that caused harm. Assault a threat of imminent offensive bodily conduct. A reasonable plaintiff would believe they will be harmed. Consent is a defense - they agreed for this action to occur. Employer is responsible for a wrongful act done by an employee when it is done in the course of employment. Test: acts the company authorized an employee to do closely connected to employment relationship - even if not authorized. Causing person to be confined without justification, physical or psychological force.
