Ch 12 Other Torts.docx

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Frederick King

Other Torts 10242012 80100 PM Chapter 12Business ActivityBusiness activitywhether it involves generating electricity cutting hair filing tax returns it involves interactions that may ultimately have negative impact on others and their propertyA business that may have interfered with a legitimate interest of another could be subject to a tortTort relevant to a business can be conveniently divided between those that arise because a business occupies a property and those that arise because of actual business operations Torts and Property UseTort actions most commonly arise when the occupier of the property harms otherso Occupiersomeone who has some degree of control over land or building of that landAn enterprise conducting business on property is an occupier whether it is a tenant or temporary provider of a serviceOccupiers liabilitydescribes the liability that occupiers have to anyone who enters onto their land or property varies by jurisdictionLiability at Common LawThe liability of the occupier for mishaps on property is not determined by the ordinary principles of negligence it is determined by classifying the visitor as a trespasser licensee invitee or contractual entrantEach class is offered a different standard of caretrespasser being the lowest and contractual entrant having the highest o Contractual entrantsomeone who has contracted and paid for the right to enter the premises eg visitors who bought a ticket to a concert
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