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Chapter 5

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Ryerson University
Law and Business
LAW 122
Theresa Miedema

REMEDIES: REMEBER, since these are torts, and not contracts, the remedy looks backward instead of forward. The plaintiff would only be put back into the position where they started, not after the defendant's action Chapter 5 November-07-11 10:10 PM Intimidation: occurs when the plaintiff suffers a loss as a result of the defendant's threat to commit an unlawful act against either the plaintiff or a third party  Two-Party Intimidation: when defendant directly coerces the plaintiff into suffering a loss  Three-Party Intimidation: when the defendant coerces a third party into acting in a way that hurts the plaintiff  1: plaintiff must prove that the defendant threatened to commit an unlawful act  2: tort does not occur unless the threatened party gave in to the intimidation  3: as long as 1 and 2 are unfilled, plaintiff need not to prove defendant intended to cause loss or damage Conspiracy: usually occurs when TWO or more defendants agree to act together with the primary purpose of causing the plaintiff to suffer a financial loss  No tort if one party hurts another economically, even if the single party may be powerful multinational  Tort if two parties hurt another economically , even if two parties may be weak individuals  Conspiracy is hard to prove, in order to prove it, the plaintiff must prove:  Defendants’ primary purpose was to hurt plaintiff **if conspiracy to commit lawful act  Defendants should have known risk of harm **if conspiracy to commit unlawful act Unlawful Interference with Economic Relations  May occur if the defendant commits an unlawful act for the purpose of causing the plaintiff to suffer an economic loss  Plaintiff must prove:  intent to injure plaintiff o sufficient that act directed toward plaintiff  unlawful or illegal act o sufficient that act not authorized  economic loss Interference with Contractual Relations  Occurs when defendant disrupts a contract that exists between the plaintiff and a third party.  Direct inducement to breach of contract:  The defendant must know about the contract, but not necessary the details  The defendant must intend to cause the third party to break its contract, even if the defendant does not intend to hurt the plaintiff 3. The defendant must actually cause the third party to break its contract. 4. The plaintiff must suffer a loss, but usually satisfy by the fact third party does not perform its contract  Indirect inducement to breach of contract:  Occurs when defendant indirectly persuades a third party to break its contract.  EX: physically prevent third party from going to work  EX: stealing the tools that the third party needs to perform work  Including the 4 above, also must prove the defendants action themselves were unlawful.  But tort is not committed if a union calls a legal strike. Deceit  Occurs if the defendant makes a false statement  PLUS, half-truth and failing to update information  And failing duty to disclose and silence  Which it knows to be untrue  With which it intends to mislead the plaintiff  Which causes the plaintiff to suffer a loss  As a result of reasonable relying upon defendant's statement  Statement normally has to refer to a past or present fact  A statement of fact may be implied by an opinion, a prediction, or a puff Nuisance  Occurs when the defendant unreasonably interferes with the plaintiff's use and enjoyment of its own land  Physical Damages: toxic waste that killed plants, vibrations that cause cracks  Impairs the enjoyment: stench from a pig farm, blasting music from night club  Non-intrusive: casino attracts criminals to neighbourhood  Nuisance only if unreasonable interference, relevant factors:  nature of neighbourhood (farm land vs city)  time and day of interference (day vs night)  intensity and duration of interference (occasional vs constant) social utility of interference (late night screeching tires from ambulance vs drag racing)   defendant’s motivation (normal use of a gun vs used to terrify livestock and ruin business)  Defences to nuisance  consent to activity  statutory authority  defendant acted pursuant to legislation  nuisance inevitable result of statutory action  moving to nuisance is not a defence  irrelevant who was in neighbourhood first  Remedies  compensatory damages to repair losses
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