Textbook Notes (368,311)
Canada (161,806)
MCS 3040 (228)
Chapter 10

Chapter 10 Business & Consumer Law

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Marketing and Consumer Studies
MCS 3040
Joseph Radocchia

Chapter 10 Introduction to Tort law Defining Tort Law Tort: A harm caused by one person to another, other than through breach of contract, and for which the law provides remedy  Supreme court of Canada says tort law provides a means whereby compensation, usually in the form of damages must be paid for  One of the key objectives of tort law is to distinguish between a situation in which the loss suffered by an injured individual should remain uncompensated and one in which responsibility for the loss should be shifted to another party considered responsible for the loss ( tort-feasor)  A central function of tort law is to compensate an injured party when the injury is the result of someone else’s blameworthy conduct Torts are broken down into distinct categories… Tresspass to land: Wrongful interference w/ someone’s possession of land Deceit or Fraud: A false representation internationally or recklessly made by one person to another that causes damages Negligence: Unreasonable conduct, including a careless act or omissions, which cause harm to another  One of the most common torts in business How Torts Are Categorized  Can generally be categorized as falling into either (1) torts committed intentionally & (2) torts committed through negligence Intentional tort: A harmful act that is committed on purpose (E.g assault) Assault: The threat of imminent physical harm Battery: Intention infliction of harmful or offensive physical contact Tort Law & Criminal Law  The same event can result in 2 distinct legal consequences: one in tort & one in criminal law  E.g Bouncer throwing innocent patron out of bar and hurts him = could be charged with aggravated assault as per criminal code of Canada and then could be sued by patron in tort Important differences between the two types… Purposes of the actions  The purpose of criminal prosecution is to censure behaviour and secure punishment of a fine, imprisonment or both  Tort law’s objective is to compensate the victim for the harm suffered due to the fault of the other Commencing the actions  In criminal law, the legal action is called a prosecution and is brought most often by crown prosecutors employed by federal or provincial governments.  In tort law, the injured party brings the legal action. Proving the actions  To secure conviction under criminal code, the crown must prove harm was intentional & serious. The crown must prove all the elements of t
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