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Wilfrid Laurier University
Keith Masterman

Chapter 3: Torts  Tort: a wrongful act causing harm to the person of property of another  Strict Liability: liability that is that is based upon causation, regardless of if you should really be at fault  Modern strict liability: Rare, EX. collects dangerous animals and they escape, owner responsible for damages even though he is blameless  Fault and causation: modern tort law  Fault: unjustifiable injurious conduct that intentionally or carelessly disregards interest of others  Public policy: Considerations that are considered beneficial to society as a whole, no- fault insurance ... got rid of fault in automobile accidents  Vicarious Liability: Liability of an employer to compensate for torts committed by an employee during employment ... employer can be at fault or not at fault (told employee not to do dangerous task)  Harm or damage must be done for any tort to be actionable ... trespass usually no dmg.  Assault: threat of violence to a person  Battery: unlawful physical contact with a person  most common defense for battery is consent ... express or implied  public nuisance: Interference with the lawful use of public amenities ... blocking public roads  Private nuisance: interference with an occupiers use and enjoyment of her land ... can be owner or tenant ... excessive noise and contaminating liquids in soil  False imprisonment: Unlawfully restraining or confining a person  False arrest: being arrested without reasonable cause  malicious prosecution: causing a person to be prosecuted for a crime without an honest belief that the crime was committed  Defamation: making an untrue statement that causes injury to the reputation of another person ... common defense is things said are true  Libel: Written defamation  Slander: Spoken defamation  Absolute privilege: complete immunity from liability for defamation.  qualified privilege: immunity from liability for defamation provided statement was made in good faith ... reference letter  responsible communication on matters of public interest: a defense to defamation when the publication of the statement is in the public interest and was done responsibly  Breach of contract: Intentionally causing one party to breach contract with another  unlawful interference with economic relations: threats or other unlawful means to induce one person to discontinue business relations with another  product defamation: false statements about the product of another person  Passing off: representing one's own goods of those of another (claiming your product is your competitors)  Negligence: The careless causing of injury to the person or property of another  1. duty of care: a relationship so close that one must take reasonable steps to avoid causing harm to the other ... whether defendant should have foreseen that his actions might do harm to the victim  2. Standard of care: Level of care a person must take in the circumstance ... take reasonable care to avoid causing foreseeable injury  3. Causation of damage: Injury resulting from the breach of standard care ...  Remote damage: Unrelated or far removed from the conduct ... further in time away more of a chance of intervening act happening  Contributory negligence: a partial defense to a negligent action when the plaintiffs conduct also contributed to the injury, loss will be related to the degree of fault  Voluntary assumption of risk: A complete defense to a negligence action when plaintiff was aware of the risk and continued with the activity anyway  Subrogation: one person becomes entitled to the rights of another's claim. If damage done to your house and you file insurance claim, then your insurance company can sue the person who damaged and you cannot.  Donoghue VS Stevenson: manufactures owe a duty of care to the ultimate user  Occupier's liability: Tort imposing liability on owners of land for harm suffered by visitors  Invitee: a person permitted by an occupier to enter premises for business purposes  Licensee: a visitor who enters premises with the consent of occupier  Trespasser: enters premises without the permission of occupier  Damages: sum of money rewarded as compensation for injury or loss  Punitive damages: damages awarded with the intention of punishing the wrong doer  Special damages: damages to compensate for quantifiable injuries  general damages: damages to compensate for injuries that cannot be expressed in monetary terms (ex. lost eye sight)  restitution: an order to restore property wrongfully taken  injunction: an order restraining a person from doing, or continuing to do a particular act (ex. if trespass again will go to jail)  mandatory injunction: an order requiring a person to do a particular act (Ex. remove fence blocking way) Chapter 4: Professional Liability  Professionals: people who have specialized knowledge and skills that their clients can rely on and are prepared to pay for  Liability of professionals  1. the contractual relationship leads to a breach of contract cause of action  2. the fiduciary relationship leads to breach of fiduciary duty  3. the duty of care owed in tort leads to a tort cause of action  Contractual Obligations:
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