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Business Administration
BUS 393
Shafik Bhalloo

Chapter 4TORTSTortpinto tort law tort tort negligent Vicarious liability Defamation fame bribedefamation What is a tortA civil wrong between individualsWhen an intentional or careless act harms anotherInjured party usually sues for monetary compensation based on balance of probabilitiesCrimes are social wrongs that affect society as a whole Some crimes are also torts A tort is an inherently wrongful act that causes injury to anotherContrast contractsNote vicarious liabilityWAAISCNWhen one person harms another either intentionally or carelessly a tort has been committed and an action can be brought seeking compensation for injuries suffered from the person who committed the wrong Tort definition is committed when one person causes injury to another harming his or her person property or reputationit is a civil social or civil wrong that gives rise to the right to sue and to seek one of several remedies remedies include injunction or punitive damages but is normally limited to a monetary award of damages intended to compensate the victim for the loss sufferedVicarious Liability strict liabilityno fault en employer can be held liable for the tortuous act an employee commits while at work This liability is limited to torts committed while carrying out employment duties The employer will not be vicariously liable when the employee is off doing his or her own thing even if done during working hours instead of doing the employers business Several provinces have imposed vicarious liability by statue on the owners of motor vehicles making them liable for damage and injury caused by the people they allow to drive their cars Inadvertent incidentCategories of TortIntentional or deliberate acts that cause injuryloss not that injury was intended only the conductto itorleadinginvolves a deliberateactintentional does not mean that the wrongdoer intended to do harm only that the conduct itself was willful as opposed to inadvertentCareless or negligent acts that cause injury or lossImportant difference bw deliberate torts and negligence is in the remedies that the courts are willing to grant to the injured party When the interference has been intentional the courts may be persuaded to grant punitive damages in addition to the more common general and special damagesGeneral damages compensate for estimated future losses including both future pecuniary losses such as loss of earning capacity and nonpecuniary losses such as pain and sufferingSpecial damages are awarded to cover actual expeses and calculable pretrial lossesIntentional TortsIntentional conduct that causes injuryIntentionaldoes not mean that the wrongdoer intended to cause the injury but the conduct itself was willful as oppose to inadvertentExamplesAssault and BatteryTrespass to LandFalse ImprisonmentNuisanceDefamationCourts may award punitive damagesFANTDCAssault and Batterytrespass to person involve the intentional physical interference with another personAssaultwhere there is fear of contactconduct that makes a person think he is about to be struck is an assaultEx Someone fakes a punch points a gun picks up a stone to threaten another person physical blow unwanted medical treatment to a kiss the action of a person walking toward another accompanied by threatening words whereas words such as How nice to see you again remove the threattest to determine whether an assault has taken place is to ask victim if she was fearful or anticipated unwanted physical contactif defendants conduct would cause a reasonable person to feel threatened with imminentabout to happen coming up harm or even simply unwanted contact it constitutes an assaultBatteryleast touching in anger actual contact takes place when someone intentionally makes unwanted physical contact with another person since battery almost invariably involves an assault the term assault often usedto refer to both a bAssaultBattery are actionable even where there is no injury the least touching of another in anger is batterTrespass to the person is to recognize the right of each person to control his body and who touches it Damages are awarded when this right is violatedCase 41 pg 99The Judge found that Tardif had done nothing to justify the bouncers actionsDefenses used to counteract an assault and battery accusation1 Consent informed doctors escape liability for their actions when operating on or otherwise treating patients through the principle of consent Essentially a person who Expressly or implicitly consents to conduct that would otherwise constitute an assault or battery loses the right to sue This is why injured boxers cannot sue their opponentsimpt To remember that the level of interference cannot exceed the consent Excessive violence in a hockey game or other sporting activity will constitute the tort of battery despite the consent Excessive violence may also be a crime ex Bertuzzi charged and convicted of assault causing bodily harm for a vicious hit to the head of Moore in NHLmust be informed consent ppl must know what they are consenting to Followers of a certain religion for ex act within their rights when they refuse blood transfusion If this is made clear to the doc and doc goes through with it anyway even if it saves the persons life he can be sued for the battery he has committed2 Selfdefense reasonable forceThe law entitles ppl who r being attacked to use necessary force to defend themselves The test reasonable force Experience of the person being attacked will be taken into account inis
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