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Business Law Final Exam Chapter Notes.docx

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Exam FormatChs 10 11 12 15 16 583 Questions Corporation Torts Contracts2 CasesTEXTBOOK NOTESChapter 10 Intro to Tort LawTort a harm caused by 1 person to another other than through breach of contract and for which the law provides a remedy Broken down into categories Trespass to Land wrongful interference with someones possession of land Deceitor Fraud false representation intentionally or recklessly made by one person toanother that causes damage Negligence unreasonable conduct that causes harm to another person Tort Feasor person who commits a tort How Torts are CategorizedIntentional Torts harmful act committed on purposeAssault threat of imminent physical harmBattery intentional infliction of harmful or offensive physical actNegligence Tort Law and Criminal LawPurpose of Actions purpose of criminal law is to sensor behaviours and secure punishment purpose of tort law is to compensate the victimCommencing of Action criminal law is called prosecution brought on by the crownfederal and provincial law tort law the injured party brings actions civil lawProving the Action in criminal law you must prove beyond a reasonable doubt in tort law you demonstrate a case on the balance of probabilities Liability in TortPrimary due to ones own personal wrong doingVicarious due to the relationship that someone has with the person who commits the torteg Employeeemployer contextJointtort feasor two or more people whom a court has held to be jointly responsiblefor the plaintiffs loss or injuries Possible to apportion the liability butplaintiff can recover 100 of the judgment from either party Contributory Negligence defence claiming plaintiff is at least partially responsible forharm that has occurred Happens when tort victim is partially responsibleDamages in TortPurpose compensates for physical mental and emotional loss Dont bring the case to court until the full extent of damage is knownNon Pecuniary Damages awarded to compensate plaintiff for pain and suffering loss ofenjoyment of life loss of life expectancePecuniary Damages compensates for out of pocket expenses loss of future income cost fofuture carePunitive Damages award to plaintiff to punish defendant for malicious oppressive and high landed conductAggravated Damages compensation for intangible injuries such as distress and humiliation caused by the defendants reprehensible conduct Tort Law and ContractThe same set of facts can give rise to liability in both tort and contract law This is common inadvice giving Managing Tort RiskEstablish a Risk Management PlanTorts can cause cosies loss of insurance coverage loss of business reputation etcChapter 11 The Tort of Negligence Law of NegligenceCarless act that causes harm to another The law seeks to provide a remedy to the plaintiff whohas suffered loss or injurySteps to a Negligence Action1 Does the plaintiff owe the defendant a duty of careResponsibility owed to avoid the carelessness that causes harmNeighbour principal anyone who might reasonable be affectedStage 1 Is there a prima facie at first sight on first appearanceIs harm a reasonable foreseeable consequence of defendants actIs there a relationship of sufficient proximityStage 2 Are there residual policy considerations outside relationship of partiesthat may negatively oppose on duty of care 2 Did the defendant breach the standard of careJudged according to standards of behaviour observed by a reasonable person3 Did the defendants careless act cause the plaintiff injury
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