Final Exam Notes

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Management (MGS)
H Laurence

Chapter 4 y the principal forms of wilful or intentional interference are the torts of assault and battery and false imprisonment y today assault and battery constitute criminal offences under the Criminal Code in both serious and less serious forms y similarly false imprisonment is an offence under the Criminal Code when it takes the form of kidnapping or abduction y it remains a tort in those instances where persons are restrained without their consent y assault and battery are torts that occasionally arise in ordinary business relationships generally in instances where employees act improperly in dealing with unruly patrons of food and drink establishments or in professions where dealing with people in a physical manner occurs y assault refers to a threat of violence and battery to the application of force to the person y damages that courts may award in assault and battery cases are designed to compensate the plaintiffs for the injuries suffered but in many cases the court may award punitive or exemplary damages as well especially if attack on plaintiff is vicious and unprovoked y employee vicarious liabilitythe liability of an employer for acts of his or her employees in the course of business y while the employer may be liable for the actions of the employee in the case of a tort committed by the employee in the ordinary course of business only the employee will be liable for the criminal consequences of the act unless the employer had in some way directed or authorized the commission of the offence by the employee or the employer was aware of the propensity of the employee to commit violent acts y defamation may take the form of either libel or slander where slander consists of false statements or gestures that injure a persons reputation and libel takes the form of printed or published slander y generally in a defamation action the plaintiff must establish that the defendants statements have seriously injured his or her reputation otherwise the court will award only nominal damages y slander of goodsa statement alleging that the goods of a competitor are defective shoddy or injurious to the health of a consumer y injurious falsehoodfalse statements about a firm its products or business practices to dissuade others from doing business y slander of titlean untrue statement about the right of another to the ownership of goods Products Liabilityy duty to warn o even if the product is not inherently defective if there are dangers the manufacturer must warn of them o once drug manufacturer learns that its product interacts with other drugs to cause harm it must warn of the potential damage or be liable o manufacturer must warn even after the fact o it may be good enough to warn a learned intermediary such as a physician who can then inform the actual user of the danger o if the duty to warn is the ground of the suit plaintiff must show that heshe would not have used the product after the warningIntentional Torts y duty of owner or occupier of land to visitors o governed by statuteowneroccupier must not be negligent concerning dangers especially concealed dangers on property o as for trespassers the duty is generally not to harm them or be reckless in doing something that might harm them y private nuisance o right of occupier to enjoy land free from interference such as noxious fumes excessive noise contaminants in soil or water o how much interference and how economically useful is the interfering activity o government regulation steps in to set standards as cases are too slow and inconsistent and bringing suits too expensive y false imprisonmentunlawfully constraining or confining a person does not apply if information is given to police and they arrest y malicious prosecutioncausing someone to be prosecuted for a crime with an honest and reasonable belief that they committed it y defamationlibel written and slander spoken o making an untrue statement that injures the reputation of a person o the absolute defence is that the statement is true o immunity from defamation suitsqualified privilege are statements made in good faith with an honest belief in accuracyletters of reference reports of Parliamentary and legal proceedings fair comment and criticism in matters of public interest y economic torts o intentional interference with contractual relations inducing breach of contractA induces B to breach a contract with C such as inducing B to come and work for A o unlawful interference with contractual relationsusing threats or other unlawful means to induce B to discontinue business relations with Cmore than just intent to injureunlawful means must be used as well o product defamationmaking false or damaging statements about the products of another o passing offrepresenting you goods as the goods of another y normal remedy is damages for losses o damages are calculated to put the injured party in the same position that party would have been in had the tort not occurred o in general no attempt to punish by awarding damages o but punitive or exemplary damages may be awarded for especially egregious conduct
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