LAW 122 Chapter Notes - Chapter 5: Caveat Emptor, Convenience Store, The Seller

44 views7 pages
Published on 19 Apr 2013
School
Ryerson University
Department
Law and Business
Course
LAW 122
Professor
CHAPTER 5 MISCELLANEOUS TORTS AFFECTING BUSINESS LAW 122
Other Important Torts in business Context:
Conspiracy
Intimidation
Interference with contractual relationships
Unlawful interference with economic relations
Deceit
Occupiers liability
Nuisance
The rule in Rayland’s v Fletcher
Defamation
Injurious falsehood
CONSPIRACY
Act of Conspiracy usually occurs when two or more defendants agree to act
together with the primary purpose of causing financial loss to the plaintiff.
Law condones aggressive competition between individuals, but its sense of fair
play may be offended if several people conspire against another.
Hard to prove in courts
Cant distinguish if defendants primary purpose of hurting the plaintiff
Rules are different if the defendant injured the plaintiff by conspiring to perform
an unlawful act.
INTIMIDATION
Concerned with unethical business practices
Intimidation: occurs when the plaintiff suffers a loss as results of the defendant’s
threat to commit an unlawful act against either the plaintiff or a third party.
Tort of intimidation ahs to branches
oTwo-Party intimidation: occurs when the defendant directly coerces the
plaintiff into suffering a loss
Ex. Manger of a supermarket might use threats of physical
violence to frighten the owner of a small convenience store into
closing down.
Three party intimidations: occurs when the defendant coerces a third
party into acting in a way that hurts the plaintiff.
First Plaintiff must prove that the defendant threatened to commit an unlawful act,
such as a crime, or tort, or even a breach of contract
Second, the tort does not occur unless the threatened party gave in to the
intimidation
Unlock document

This preview shows pages 1-2 of the document.
Unlock all 7 pages and 3 million more documents.

Already have an account? Log in
Third, as long as the other elements of the tort are established, there is no need to
prove that the defendant intended to hurt the plaintiff.
INTERFERENCE WITH CONTRACTUAL RELATIONS
Most effective ways of gaining an advantage over competitors in the business
world is to hire away its best workers or otherwise prevent those people from
performing their jobs.
Interference with contractual relations: occurs when the defendant disrupts a
contract that the plaintiff has with another party.
oDirect inducement to breach of contract
oIndirect inducement to breach of contract
Direct inducement to breach of contract
o Occurs when the defendant directly persuades a third party to break its
contract with the plaintiff. Liability requires four factors
first the defendant must know about the contract
the defendant must intend to cause the third party to break that
contract
third, the defendant must actually cause the third party to break its
contract with the plaintiff
fourth, the plaintiff must suffer a loss as a result of the defendants
conduct
Indirect inducement to breach of contract
Occurs when the defendant indirectly persuades a third party to break its
contract with the plaintiff
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.
Name of tort Unlawfulness Intent to harm
Conspiracy Defendants act may
be lawful or unlawful
Lawful act-hurting the plaintiff must be
defendants primary purpose
Unlawful act-hurting plaintiff foreseeable
Intimidation Defendant must
threaten unlawful act
Defendants act must be directed at plaintiff-but
hurting plaintiff need not be defendants
primary purpose
Interference
with
contractual
relations
Indirect inducement-
to breach of contract-
defendants act must
be unlawful
Defendants act must be directed at plaintiff-but
hurting plaintiff need not be defendants
primary purpose
Unlock document

This preview shows pages 1-2 of the document.
Unlock all 7 pages and 3 million more documents.

Already have an account? Log in

Document Summary

Chapter 5 miscellaneous torts affecting business law 122. Act of conspiracy usually occurs when two or more defendants agree to act together with the primary purpose of causing financial loss to the plaintiff. Law condones aggressive competition between individuals, but its sense of fair play may be offended if several people conspire against another. Cant distinguish if defendants primary purpose of hurting the plaintiff. Rules are different if the defendant injured the plaintiff by conspiring to perform an unlawful act. Intimidation: occurs when the plaintiff suffers a loss as results of the defendant"s threat to commit an unlawful act against either the plaintiff or a third party. Tort of intimidation ahs to branches: two-party intimidation: occurs when the defendant directly coerces the plaintiff into suffering a loss. Manger of a supermarket might use threats of physical violence to frighten the owner of a small convenience store into closing down.

Get OneClass Grade+

Unlimited access to all notes and study guides.

YearlyMost Popular
75% OFF
$9.98/m
Monthly
$39.98/m
Single doc
$39.98

or

You will be charged $119.76 upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.