MGT393H5 Final: MGT393 REVIEW.docx

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Published on 17 Dec 2014
School
Department
Course
MGT393 REVIEW
Other Torts:
1. Vicarious (替替替) Liability
The liability of an employer to compensate for torts committed by an employee
during the course of his/her employment. It allows victims to sue both employee
and employer.
Why? 1. Employee has limited asset to pay. 2. It is reasonable for someone whos
making profit to pay.
2. Occupier’s Liability
An occupier always owes a duty of care to the ppl coming to his/her property.
Invitee>Licensee>Trespasser It is unlawful to set trap for trespassers.
3. Nuisance (替替)
-Public Nuisances: 替替替替替替替替替替替替替替替替替替
-Private Nuisances: 替替替替替替替替替替替替替替替替; Occupiers doesn’t have an absolute freedom,
court usually look at: 1. the degree of interference w/ the occupier’s use and
enjoyment of the land; 2. the economic importance of the offending activity,.
4. Assault (替替) and Battery (替替)
5. False Imprisonment (替替替替)
-It is not necessary that there be actual physical restraint
-Malicious Prosecution: causing a person to be prosecuted for a crime w/out an
honest belief that the crime was committed.
6. Defamation (替替)
-Libel (written) and slander (spoken)
-Requires publication: communication of the statement to someone other than
the person defamed.
-absolute privilege (parliamentary debate), qualified privilege (reference letter)
7. Product Liability
-A buyer of defective goods may always sue the vendor for breach of contract.
-The injured users can always sue the vendor for owing a duty of care.
8. Professional Negligence
-always owe a duty of care to its clients.
*The Relevance of Insurance
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Victim V is injured in an accident, caused by D. V is insured by
ACo,
D is insured by BCo.
1. V can sue D on his own, but V can’t take out any insurance coverage.
2. V can claim under policy with ACo. In this case, ACo may bring proceedings against D
(subrogation). D could then claim with BCo. Alternatively, ACo might settle with BCo.
Contract Law:
4 elements:
1. Intention
2. Offer
-3 ways to lapse: 1. when the offeree fails to accept within a time specified in the
offer; 2. when the offeree fails to accept within a reasonable time; 3. when either
of the parties dies.
-2 ways not to revoke: 1. Specify that it is irrevocable; 2. make an option (pay
money).
- Fine print terms: gives reasonable notice to the customer? short and clear
reference
3. Acceptance
-Unilateral contracts: acceptance by performance
-Bilateral contracts: both parties make a promise
-Instantaneous communication: simple
-Non-instantaneous communication: can’t be revoked once the acceptance is
dropped into the mailbox
4. Consideration
-A gratuitous promise is not enforceable in law
-the rule in “Foakes v. Beer” suggests that when a creditor agrees to accept
lesser sum of money in settlement of a debt and the debtor actually pays the
reduced amount, the entire debt is extinguished.
BCo
D
ACo
V
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-Equitable Estoppel, only used by defendant.
Requires: 1. existing legal relationship; 2. promise by one party; 3. reliance by
other party and change in their conduct
-quantum meruit: when one person requests the services of another and the
other performs those services, the law implies a promise to pay.
Capacity
1. Minors (infants)
-refers to all the human being that are under 18.
-contracts that are detrimental (harmful) are void; others are voidable, except for
necessaries and beneficial.
2. Corporation
3. Intoxicated and mental incompetents
-it is voidable if the opposite party had actual or constructive knowledge of
incapacity.
Legality
-void contract: courts will restore the parties to their pre-contract positon; and
sever the void term and keep the remaining contract. Example: 替替替替
-illegal contract: courts will not… and sever the whole contract. Example:替替替替替
Mistake
-mutual mistake: void; parties share the same false and fundamental assumption.
-unilateral: voidable; seller 替替替替替替替 buyer 替替替替替, seller voidable
-error converting oral to written: rectification(替替)
-Non Est Factum: 替替替替替 sign 替替替替void.
Misrepresentation
-Innocent misrepresentation
-negligent misrepresentation
-fraudulent misrepresentation
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Document Summary

The liability of an employer to compensate for torts committed by an employee during the course of his/her employment. It allows victims to sue both employee and employer. It is reasonable for someone whos making profit to pay: occupier"s liability. An occupier always owes a duty of care to the ppl coming to his/her property. Invitee>licensee>trespasser it is unlawful to set trap for trespassers: nuisance ( ) It is not necessary that there be actual physical restraint. Malicious prosecution: causing a person to be prosecuted for a crime w/out an honest belief that the crime was committed: defamation ( ) Requires publication: communication of the statement to someone other than the person defamed. Absolute privilege (parliamentary debate), qualified privilege (reference letter: product liability. A buyer of defective goods may always sue the vendor for breach of contract. The injured users can always sue the vendor for owing a duty of care: professional negligence.

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