LAW 122 Chapter Notes - Chapter 5: Crass, Contributory Negligence, Statutory Authority
LAW – Chapter 5 – Miscellaneous Torts Affecting Business
Torts cover every type of private wrongdoing that is not a breach of contract
Tort of 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
Tort of 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 third party
Two-party intimidation – occurs when defendant directly coerces the plaintiff into
suffering a loss
Three-party intimidation – occurs when the defendant coerces a third party into acting
in a way that hurts the plaintiff
The plaintiff must prove that the defendant threatened to commit an unlawful act, such
as a crime, a tort or even a breach of contract
Tort does not occur unless the threatened party gave in
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
The tort of interference with contractual relations – occurs when the defendant disrupts a
contract that exists between the plaintiff and a third party
Direct inducement to breach of contract – occurs when the defendant directly
persuades a third party to break its contract with the plaintiff
oDefendant must know about the contract that exists
oThe defendant must intend to cause the third party to breach the contract
oThe defendant must actually cause the third party to break the contract
oThe plaintiff must suffer a loss as a result of the defendant
Indirect inducement to breach of contract – occurs when the defendant indirectly
persuades a third party to break its contract with the plaintiff
oTort isn’t committed if a union calls a legal strike that causes a company to
breach its contract
oMust actually cause the third party to breach the contract through an illegal act
Tort of unlawful interference with economic relations – occurs if the defendant commits an
unlawful act for the purpose of causing the plaintiff to suffer an economic loss
Tort of deceit – occurs if the defendant makes a false statement, which they intend to mislead
the plaintiff, and which causes the plaintiff to suffer a loss
May be held liable for a half truth
The defendant may be held liable for failing to update information
General rule in commercial world is caveat emptor “let the buyer beware”
Defendant must know at time of making statement that it is false
Defendant must make statement with intention of misleading
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Normally has to refer to a past or present fact
Plaintiff must suffer a loss as a result of reasonably relying upon the defendants’
statement
Tort of occupiers’ liability – required an occupier of premises to protect visitors from harm
Occupier – any person who has substantial control over premises (control, not
ownership)
Visitor – any person who enters onto premises
Premises – include more than land (elevators, vehicles, ships, trains, airplanes)
Common law rules
There are a number of problems with the traditional system of occupier’s liability
It can lump together different types of people
Often difficult to distinguish between the different categories
Visitors status may change from one moment to the next
Difficult to decide whether a danger is hidden or unusual
An occupier must do more than simply refrain from intentionally or recklessly hurting a
trespasser
Occupiers obligations are determined by a number of factors
Age, reason of trespass, nature of the danger, occupier’s knowledge of danger,
occupier’s cost of removing danger
Licenses and invitees are new generally treated the same
Statutory rules
Common law generally applies only to dangers that are created by the condition of the
premises. Legislation also applies to activities that occur on premises
The standard of care no longer depends upon a visitor’s classification. No specials
distinction drawn between hidden or unusual dangers
Statutes generally allow an occupier to avoid liability by issuing a warning
Under the common law, a landlord generally cannot be held liable for injuries that a
person suffers while visiting a tenant
Tort of Nuisance – occurs when the defendant unreasonably interferes with the plaintiff’s use
and enjoyment of their own land
Simple cases involve physical damage to plaintiff or property
Nuisance can also occur if the defendant creates a smell or sound that impairs the
enjoyment of the plaintiff’s property
Possible to commit a non intrusive nuisance, without causing anything to travel onto the
plaintiffs property
No tort if defendant builds something that obstructs view, etc.
Occurs only if defendant’s interferences are unreasonable
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find more resources at oneclass.com
Document Summary
Law chapter 5 miscellaneous torts affecting business. Torts cover every type of private wrongdoing that is not a breach of contract. Tort of 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. Tort of 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 third party. Two-party intimidation occurs when defendant directly coerces the plaintiff into suffering a loss. Three-party intimidation occurs when the defendant coerces a third party into acting in a way that hurts the plaintiff. The plaintiff must prove that the defendant threatened to commit an unlawful act, such as a crime, a tort or even a breach of contract. Tort does not occur unless the threatened party gave in.
