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Midterm

ADMS 2610 Study Guide - Midterm Guide: Res Ipsa Loquitur, Fiduciary, Strict Liability


Department
Administrative Studies
Course Code
ADMS 2610
Professor
Robert Levine
Study Guide
Midterm

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NOTES
INTENTIONAL TORTS CH 4
Tort:
Results in damage to others. Wrong committed by one person against another, or
against the person’s property or reputation, either intentionally or unintentionally
Bodily harm is covered by Criminal Code
When referring to Crimes: public wrongs/ wrongs against society/ wrongs against
the individual.
Victims of crime for all practical purposes are left without compensation for their
injuries.
Intentional Torts:
1) Assault and Battery: Are touched by the Criminal Code
Assault: A threat of violence or injury to a person. Need not be accompanied by the
application of force to be actionable.
Battery:
The unlawful touching or striking of another person.
Force must be applied with the intention to harm
Touching is enough for battery to be actionable (using experimental techniques
without fully explaining the risks to the patients)
Employer vicarious liability: Liability of an employer for acts of his employees in the
course of business.
Employer is liable for the employee’s actions but only employee will be liable for
criminal consequences.
Defense:
-Usually claims provocation or self-defense.
-Only self-defense would be a complete defense. If defender had a genuine fear of
injury. And the amount of force used for self-defense was reasonable.
-If a way out is available, it should be taken
False imprisonment: Any restraint or confinement of the individual by a person who
has no lawful right to restrict freedom of others.
Actionable Civil wrong, (except for kidnapping and abduction)
Criminal Code permits citizens to seize a person and wait for police officer if
there are reasonable grounds, or caught person in the act of committing crime.

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Forcible Confinement: Confinement against a person’s will. If guilty can be liable to
imprisonment up to 10 years.
Defamation: False statements that injure a person’s reputation. Except if they are based
on true information.
Slander: Defamatory statement or gestures (verbal)
Libel: Defamation in some permanent form, such as writing, cartoon etc. Can be
covered under Criminal Code.
Exceptions Parliament, Provincial Assembly etc. have qualified privilege and absolute
privilege, which protects the speaker of the words absolutely, regardless of the words’
truth or falsity, even if they are made maliciously.
Intentional Interference with Land and Chattels: Torts that relate to land and
chattels, one of the oldest actionable torts
Trespass: The act of entering someone’s property without their permission, or refusing to
leave when requested to do so.
-Things can trespass
-Involuntary entry is not considered trespass
-It is aggravated when the defendant makes no effort to obtain consent of the
landowner
Conversion and willful Damage to Goods: Usually both have a Criminal element
attached to them, however Insurance coverage helped avoiding many cases to come to
court.
Conversion: The wrongful taking of goods of another, or the willful refusal to deliver up
the goods to the lawful owner.
Remedy: Restitution of the goods, and monetary damages equal to the value of goods,
and their potential use.
Willful Damage: Damage of the owners goods, (smashing a car)
Business Related Torts and Crimes: Engagement in improper practices that cause
injury to others. Many have become the subject of Competition Act and in some
cases involve Criminal Code. Not only for businesses but also for customers.
Slander of Goods and Injurious Falsehood:
Slander of Goods: A statement alleging that the goods of a competitor are defective, or
injurious to the health of customers.
Injurious Falsehood: The Scope is wider than Slander, aims to injure not only the
products, but also the company as a whole, or its owners.

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Slander of Title: An untrue statement about the right of another to the ownership of
goods. (Seller has improperly acquired the goods for sale, produced goods in violation of
copyrights etc.)
Breach of Confidence: Employee gives confidential information to others.
Restraint of Trade: Agreement between firms to fix prices to prevent others to enter the
market. Treated as Business Crime under Competition Act.
Deceit and Fraudulent Conversion:
Deceit: A tort that arises when a party suffers damage by acting on false representation
made by a party with the intention of deceiving.
Fraudulent Conversion: Obtaining goods after a deceit (Obtaining goods on credit)
Unfair Business Practices: Practices designed to take advantages of consumer
inexperience or ignorance. Customer would be free to breach any agreement. (Criminal
Interest Rates more than 60% etc.)
Was the act committed prohibited by Common Law?
Was it intentional
Was it outside of a contract or trust?
Negligence and Unintentional Torts CH 5: Careless manufacture of food
etc.
Negligence:
The Duty Not to Injure: The Duty not to injure another person.
Duty of Care: Producing food for consumption, you are taking care that nobody will be
injured.
Standard of Care and Breach:
Reasonable Person: Would a reasonable person be able to foresee injuries? It is
aggravated when person is a professional
Causation/ Proximate Cause: The cause of injury directly related to an act of a
defendant.
But For Test: But for the defendant’s negligence, the plaintiff would not have been
injured. Was it defendant’s act that caused the injury? Usually for defendant.
Was there a duty not to injure?
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