Textbook Notes (368,611)
Canada (162,009)
BUS 393 (52)
Chapter 4

BUS 393 Textbook Notes -Chapter 4

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Business Administration
BUS 393
Shafik Bhalloo

BUS393:CommercialLaw Business Law in Canada –Chapter 4: Inten▯onal Tortsand Torts Impac▯ng Business Tort Commi▯ed when one person causes an injury to another, harming his or her person, property, or reputa▯on. A social or civil wrong that gives riseto the right to sue and seek one of several remedies. Crimes Wrongs that affect society as a whole, where the goal is to punish the wrongdoer, not to compensate the vic▯m. Breach of contract An act that breaches a contract may not be inherently wrong, but the contractual rela▯onship makes its viola▯on unacceptable. Two categories of tors ▪ Inten▯onal (deliberate) ▪ Uninten▯onal (negligent or careless) Vicarious liability An employer can be held liable for the tor▯ous actan employee commits while carrying out employment du▯es. Assault Conduct that makes a person think they are about tobe struck (ex. Faking a punch, poin▯ng a gun) Ba▯ery When someone inten▯onally makes unwanted physical contact with another person Trespass to person Assault or ba▯ery; the inten▯onal physical interference with another person Consent A person who expressly or implicitly consents to conduct that would otherwise cons▯tute an assault or ba▯ery loses the right to sue (ex. Professional boxers) Informed consent People must know what they are consen▯ng to Self-defense People who are being a▯acked can use necessary force to defend themselves. This does not permit unrestrained violence, it allows for reasonable force. Trespass to land Going onto another person’s property without havingthe lawful right or the owner’s permission to do so Con▯nuing trespass A permanent incursion onto the property of another.This can take the form of a building or other structure that encroaches on the property of another. Trespass to cha▯els Any direct inten▯onal interference causing damage to the goods of another Conversion When someone sells or otherwise wrongfully disposesof goods belonging to someone else De▯nue When a person is wrongfully retaining another’s goods and refuses to return them False imprisonment The unlawful and inten▯onal restraint of someone against their will Malicious prosecu▯on The defendant in the tort must have ini▯ated a criminal or quasi-criminal prosecu▯on in which the accused was acqui▯ed or the charge was abandoned. The tort plain▯ff must establish that the prosecu▯on was mo▯vated by malice and there were noreasonable grounds to proceed with the criminal ac▯on in the first place. Private nuisance When an i
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