Sept 30 Notes.docx

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Marketing and Consumer Studies
MCS 3040
Joseph Radocchia

MCS*3040 Notes 30/09/13 Tort Law Historical Perspective Legal Approaches to Tort Law 1) Strict Liability - All Plaintiff has to show is a prima facie case “in its face” then the burden of proof reverses to the Defendant - Defendant has to prove that they acted to the best of their ability e.g. employer – employee - vicarious liability - Parent/child - Dog owner’s liability act – responsible for all injuries caused by your dog unless you can prove that it was self-defense - Rylands v. Fletcher – water tank burst 2) Fault – Reynolds v. Clarke – responsibility of the Plaintiff to prove fault; Plaintiff has the burden of proof to prove on a bal of probs that the Def is at fault/liable Intentional Torts – Criminal Battery – Assault Assault – Uttering Threats False imprisonment – forcible confinement Trespass>real property (land) or >personal property (lawn mower, car) - [under trespass to property notice act] Deceit/Fraud Defamation – libel – written/slander –
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