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MIDTERM Sheet #5.docx

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Ryerson University
Law and Business
LAW 122
Sari Graben

Chapter 5: Miscellaneous Torts Conspiracy (pg 101) • Plaintiff has to prove: o If conspiracy to commit lawful act: defendants’ primary purpose was to hurt plaintiff o If conspiracy to commit unlawful act: defendants should have known risk of harm. • What one person can do alone legally may be a tort if the same action is performed by several people acting together. • The strange magic of numbers: single party may be powerful multinational, while two parties may be weak individuals. Intimidation (pg 102) • Plaintiff has to prove: o Defendant threatened to commit an unlawful act, i.e. crime, tort or breach of contract. o Threatened party must give in to the intimidation. o Plaintiff suffered loss. • No need to prove that the defendant intended to hurt the plaintiff. • Two-party intimidation: defendant pressured plaintiff directly. • Three-party intimidation: defendant pressured third party to hurt plaintiff. Interference with Contractual Relations (pg 104) • Occurs when the defendant disrupts a contract that the plaintiff has with another party. • Risk management: Danger in luring away competitor’s customers and workers. • Requirements in direct inducement to breach of contract: o Defendant knew about contract. o Defendant intended to cause the third party to breach contract. o Defendant actually caused the third party to breach contract. o Plaintiff suffered loss as a result. • Requirements in indirect inducement to breach of contract: o Same factors as direct inducement. o Plus: defendant’s actions unlawful in themselves. Deceit (pg 107) • Deceit = intentionally misleading statement. • Plaintiff has to prove: o Defendant made false statement (including telling half-truths and failing to update information). o Defendant knew that statement was false. o Defendant intended to mislead plaintiff. o Plaintiff reasonably relied on statement (generally unreasonable if prediction or opinion). o Plaintiff suffered loss as a result. • Remedies (tort damages): plaintiff monetarily placed as if statement not made. Unlawful Interference with Economic Relations (pg 106) • Emerging general tort: Reach MD v. PMAC • Occurs when the defendant commits an unlawful act for purpose of causing plaintiff to suffer an economic loss. • Plaintiff has to prove: o Intent to injure plaintiff (sufficient that act directed toward plaintiff). o Unlawful or illegal act (sufficient that act not authorized). o Economic loss. Occupier’s Liability (pg 109) • Liability arising from status as occupier of premises. o Occupier: person with substantial control of premises (may be tenant; ownership is not required). o Premises: land, ships, trains, planes, elevators, etc. • Most jurisdictions have changed the common law by legislation. • Only Newfoundland, Sask. and the 3 territories still have common law. • Common law rules include four categories of visitors. Each type of visitor historically was owed a different level of obligation. • Courts have now modified this considerably in modern decisions. Statutory Rules for Occupier’s Liability (pg 111) • Some variation between provinces but basic principles the same. • Legislation also applies to activities that occur on the premises, whereas common law was limited to condition of premises. • General
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