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BUS 393 (52)
Chapter 4

Chapter 4 Guide

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Business Administration
BUS 393
Robert Adamson

Chapter 4 – Intentional Torts Nature of Torts • Tort committed when one person injures/harms another’s person/property/reputation o This gives the right to sue/seek remedy (ie injunction, punitive damages) Normally, monetary award for damages as compensation • Must distinguish crimes from torts. Crimes = conduct so serious it poses threat to society o Prosecution done in criminal court where goal is to punish wrongdoer, not compensate victim o Tort = private. Victim sues person responsible for injury o Possible for a victim in crime to sue for tort • Also distinguish from breach of contract. Breach may not be inherently wrong, but contract deems the violation of terms unacceptable o Tort inherently wrong from social standard viewpoint • Two major categories of tortious activity: intentional (deliberate) or unintentional (careless) negligent o Negligent more important area of tort for businesspeople/professionals o Intentional torts more likely to be awarded punitive damages (in addition to general and special damages) General = estimated future losses Special = cover actual expenses/calculable losses • Vicarious liability – employer can be held liable for employees’ tortious acts at work Intentional Torts “Intentional” does not mean wrongdoer intended harm, only that conduct itself was wilful (as opposed to inadvertent) Assault and Battery • Aka trespass to person = intentional physical interference with another person • Assault – person thinks they are about to be struck (ie points gun, fakes punch) o Motive/good will of attacker not relevant. Could be unwanted medical treatment/kiss) • Battery – intentionally makes unwanted physical contact with another person • Actionable even when no injury • Words/gestures/actions taken into consideration www.notesolution.com Chapter 4 – Intentional Torts Defences • Consent – person expressly/implicitly consents to conduct loses right to sue o Exception: excessive violence o Consent must be informed; people must know what they are consenting to • Self-defence –entitled to use necessary force to defend themselves when being attacked o Test = reasonable force Trespass to Land • = going onto another person’s property without lawful right or owner’s permission • Actionable even when no damage or injury takes place, or if intruder does not know they are trespassing o Ignorance of location no excuse o If intruder had no control of where they were, it would be a defence • Can occur indirectly, ie throwing something onto another person’s property or building structure onto it • People acting in official capacity (ie postal workers) are not trespassing • Places where public welcome (ie malls); visitors have right to be there, unless they become unruly then they can be asked to leave and reasonable force can be used to eject them • Person injured while trespassing has no claim against occupier o So long as occupier has no wilfully/recklessly caused harm for criminal purpose Greater duty owed to minors who trespass (because it is foreseeable) – Occupiers’ Liability Act • Continuing trespass – permanent incursion on other’s property. Can take form of building or other structure o Likely remedy is injunction False imprisonment • Includes false arrest. Occurs when people intentionally restrained against will by someone who has no lawful authority to do so o Could be form of imprisonment (held in cell/room) or form of arrest person’s liberty = totally restrained • Restraint must be unlawful • Citizen’s powers of arrest set out in criminal code’s section 494 (outlined on pg 103) www.notesolution.com Chapter 4 – Intentional Torts • False imprisonment damages can be high, manager often discourages employees from apprehending shoplifters Private nuisance • = individual or business uses property in a way that interferes with a neighbour’s use/enjoyment of her property o Usually ongoing/continuous (ie mill emitting bad odour to a residential neighbourhood) • Actionable when property used in unusual way o Person living in industrial section of city cannot complain of odour otherwise • To be actionable, consequences must be reasonably foreseeable to defendant • Private different from public nuisance o Takes place when public property interfered with (pollution in river, protesters blocking road) o Rare. Usually brought by government. Defamation • Published false statement to a person’s detriment • Must be derogatory, false, refer to plaintiff • To be actionable: o Must refer to person that is suing o False statement must be published (communicated to 3 party) • Innuendo – implied or hidden meaning. This is actionable if detrimental. Libel and Slander • Slander – spoken, libel – written • Libel easier to prove (deliberate, premeditated, permanent) • If publisher shows damage done by mistake and makes full apology/retraction, damag
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