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Exam Notes including all the chapters

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Administrative Studies
ADMS 2610
Sam Ling

Whats on the exam! Bailment not on exam 10 Questions Ch 1-3, 26 not on exam 2 tort Tort Law; Intentional Tort wrong (assault, battery, false imprisonment/forcible confinement), or interference with person that results in injury or damages Defamation; to injure a partys reputation written libel, published libel knowingly has possible criminal repercussions (5 yrs) spoken slander Slander of goods statement(s) that goods are deficient Injurious falsehood statements about a whole firm or its opeatiors activities to its detriment Slander of title statements about the rights of ownership Defences to defamation; truth of statement, qualified privilege (made in good faith and relied on later proven false information), absolute privilege (house of commons), death of other party Trespass to goods; Conversion wrongful taking of goods or refusal to deliver up the goods to title owner, monetary damages in the amt of the goods. Wilful damage damage to goods while in possession of title owner, damages include criminal element Breach of Confidence tort improper dealings with competitors actionable offence where loss or damages are the result, money, injunction Restraint of trade tort anti-competition act activities Deceit tort false representation made with the intention of decit, material in nature, relied upon to ones detriment. Intentional tort test; 1. Was the act prohibited by common law? 2. Was it intentional? 3. Was it outside a contract? Negligence and Unintentional Torts; Strict Liability liable regardless of circumstances only that damages flow from the miscarriage; negligent storage of dangerous goods, dog attacks Vicarious Liability Liability of employer for employee actions Duty of care (not to injure) founded in the concept of unintentional tort Res ipsa loquitur the thing speaks for itself the plaintiff proves proximate causation, onus defendant to prove no negligence occurred Negligence test same as liability test; p84 1 Duty not to injure, breach? 2 What is the standard of care; professional (fiduciary duty) / non professional (duty of care), breach? 3 Proximate causation; fact pattern resulting in direct injury / loss? 4 Foreseeability by reasonable person / remoteness of injury? Occupiers Liability; Tort liability is different by type of person entering land; liability increases with duty of care Trespasser entrant, licensee entrant, invitee & contractual entrant, specific entrant Mfg liability ginger beer / snail case; duty of care extends beyond the contract to the end user/consumer Nuisance interference in the enjoyment of real property; smoke, noise, contaminants Injunction court order of cease and desist an activity If the cease in activity is detrimental to society as a whole the damages are restricted to monetary compensation If the cease in activity is beneficial to society or the nuisance is localized then the injunction is awarded Page 1 of 19 Tort Defences; Contributory negligence when voluntary assumption of risk by the plaintiff is established by the defendant Act of God unanticipated event that prevents performance of a contract or triggers a fact pattern not in the control of the defendant yet still causes tort stemming from defendants person or property Waiver voluntary renunciation of rights to claim Release promise not to claim Statute of limitations barring of relief for those with the right of action when claims are made with undue delay (doctrine of laches) Tort remedies; Compensatory damages money for property damages/loss + special damages for injury to persons + general damages for any permanent losses calculated into the future. Nominal damages $1 + plaintiffs court costs Punitive damages awarded if mens rea is established in order to punish defendant and to compensate the plaintiff Court orders in addition to compensation, injunctions to cease activity or order of replevin to recover goods and held by court until title can be determined The professional, standards, associations Professional-client relationship, created by; Contract breach of contract can is negligence Implied by providing services, negligence when duties are breached Fiduciary duty of care placing the interests of the client above the interests of the professional Tort duty of care professionals are held to a higher standard of care than the reasonable person but not all errors are neglegence Duty is owed where there is a relationship or a reliance on information is forseeable Informed consent there is duty to care; explain fully the risks and rewards of a course of action(s) If done defence If not done cause of action Misrepresentation; innocent, negligent, fraudulent; & 3 party liability parties that relied on information to their detriment. Vicarious Liability Liability of employer for employee actions Damages; General flow logically/naturally from a tort Special unique to a specific circumstance Punitive punishment of the defendant, criminal in nature 2 contract Lapse passage of time, counter offer or death of a party that terminates an unaccepted offer Revocation retraction of offer strictly before the offer is accepted; direct or indirect Option keeps the offer immune to lapse for a specified time period, a seal with conditions achieves the same thing Valid contract; 1. Intention to create a relationship invitation to tender/treat is an advertisement, a promise is an offer 2. Offer promise to perform with the intention to create a legal relationship (must occur before acceptance can be made) Page 2 of 19 3. Acceptance by reciprocal promise; bilateral contract, implied by performance of required act; unilateral contract 4. Consideration - something received in return for the promise 5. Capacity ch9 6. Legality - the promises must not violate any law or public policy Offer & acceptance; Unconditional acceptance = valid acceptance = contract Conditional acceptance = reject offer = counter offer/no contract yet Do not accept = kill offer = no contract Void a contract; an unenforceable contract Mistake of; fact, non est factum, law, unilateral, mutual Misrepresentation - innocent, negligent, fraudulent; tort = 3 party liable parties that relied on info to their detriment Undue influence judgement is impaired materially due to outside influences. Duress judgement impaired by the fear of injury by another party. Consideration something received in return for the promise, adequacy of, is not the focus of the courts unless mistake, misrep, undue influence, and/or duress then there might be negligence leading to tort damages. Seal expresses explicit intention to be bound by the terms in a contract validating it Tenders the offer/call to create a contract, firms submit offers to this call Past consideration consideration must be given after performance into the future but promised before performance is made for a contract to be valid Legality the promises must not violate any law or public policy Quantum meruit allows for the reasonable recovery of goods for when the price was not established before hand Debtor-creditor debt paid when due retires contract; exceptions; Creditor accepts lesser amt no consideration to creditor Creditor accepts alt as pmt consideration given but adequacy is in question unless; mistake, misrep, undue infl., and/or duress Creditor accepts lesser amt for early pmt time factor is consideration Consideration Test; Not past consideration Is the consideration legal 2 way with value for both rd if not, is there an exception (seal, option, gift/donation, non-monetary consideration, 3 party settlement, quantum meruit, injurious reliance?) Contract remedies; Quantum meruit allows for the reasonable recovery of goods for when the price was not established before hand Seal sign under seal, relieves frustration Estoppel the truth cannot be denied when the other party relied on that truth to their detriment A defence not an action Proof is evidentiary Capacity & Legality; Repudiation refusal to perform a promise or agreement bound by a valid contract Ratification adoption of contract by a 3 party not originally bound. Corporations created under (admin. tribunals; not bound by ultra vires) or by statute (incorporated business; bound by ultra vires) ultra vires Those operating beyond legal limitations are said to be; Labour unions hold exclusive capacity to negotiate contracts for the employees it represents, labour relations board certified Page 3 of 19 Bankrupt persons capacity limited to 500$ Legality Requirements contracts are unenforceable if; Statute law contracts made are illegal and carry criminal penalties Competition act business contracts are contrary to public interest Administrative acts contracts are in violation of the act Insurance policies ins. policies are not wagers and therefore legal Un licensed persons provide goods in addition to service. Tradesperson is liable only for service, goods are claimable Contracts in restraint of Trade 3 types Violate the competition act void and unenforceable Unreasonably restrict the right to compete prima facie void and unenforceable unle
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