BU231- Final Exam Guide - Comprehensive Notes for the exam ( 41 pages long!)

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29 Mar 2018
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BU231
Final EXAM
STUDY GUIDE
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BU231
Lecture 1: Intentional Torts
Tort Law
How to settle: Money
About compensating somebody
Intentional Torts
Trespass: The at of eterig soeoe else’s lad ithout oset
o Harm must be caused
o If a trespasser has cause damage to the property, then the land owner can bring
an action in court
o Uless the ause har to propert, ou a’t sue
Elements of a Cause of Action
o Ex. Trespass to property
1) Intention
2) Entering Property
3) Without consent and
4) Causing harm
o All elements must be present for the claim to go forward
o The onus is on the plaintiff to prove the elements of the cause of action
Assault and Battery: Considered to be a trespass to the person
o Two distinct torts but usually found together
o How can you have battery without assault?
Ex. When a person is unconscious at the hospital and people operate
without permission
However, there is an exception when one is unconscious, the doctors
have a right to operate
*If you withhold your consent before you even get unconscious, they
a’t operate ee i eerge situatios eause it is atter
Assault: Threat to violence
Battery: Unlawful touching of a person (without consent)
Intentional Infliction of Mental Distress
o Intent to cause harm
o Recognizable physical or psychopathological harm must occur
False Imprisonment: Unlawfully restraining or confining another person
o Does’t eed to e phsial restrait, a e pshologial
Ex. Yelling stop when you think someoe is shopliftig hethe are’t
The ould sue eause if the are held at the store ad hae’t doe
anything they could be late for work, etc.
That’s h ost retail stores hae poliies that if ou see soethig
happen, you let it go and then call the cops or the mall cops
o Not false imprisonment if charges are laid by the police
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Malicious Prosecution
o Reporting a person to the police when there is no good reason to believe that
person committed a crime
Defamation: Making an untrue statement that causes injury to the reputation of
another
o Slander: Spoken
o Libel: Written
o Elements:
Intent (maliciousness)
Statement made
Statement is false
Statement is published (ex. Made to a 3rd party) and
Statement must cause genuine and significant injury to the reputation of
the plaintiff
o Defences to Defamation
The statement was true or
Qualified privilege statement made in good faith and with honest belief
in its truthfulness
Ex. If someone applies for a job and their employer is a reference
but they say bad things about you
Responsible communication on matters of public interest
For reporters or publishers on the news/internet
Defences to Intentional Torts
Consent
o Where the injured party consented to the act that caused the harm, there is no
tort
o Absolute defence
o Must be genuine and informed consent
Ex. Before a surgery, they let you know ALL possible things that could go
wrong so that your decision is informed
Self-Defence
o Only valid if you have no other choice but self-defence
o If ou a leae the situatio, this defese does’t ork
o Ca’t use eessie fore i self-defence
o The party asserting the defence needs to show that the self defence was
necessary
Necessity
o This is a defence to trespass, where the right of way is impassable
o Or no other option but to destroy property (ex. Knocking down a building to
prevent the spread of fire)
Volition
o Act must be voluntary
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