AFM231 Chapter Notes - Chapter 10: Contributory Negligence, Equitable Remedy, Intentional Tort

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Afm 280 chapter 10: introduction to tort law. Innocent/fraudulent misrepresentation outside of contract: breach of condition (major)/warranty (minor) outside of contract. This is the introductory chapter for torts so it is important for you to read and understand it. You should be sure you know the difference between, for example, torts and criminal law and torts and contracts. Balance of probabilities is the burden of proof (have to be more than 50% certain about one side) Crown prosecutor in canada ((cid:862)district attorney(cid:863) in us) acts for government. Ha(cid:448)e to (cid:271)e (cid:862)(cid:271)eyo(cid:374)d reaso(cid:374)a(cid:271)le dou(cid:271)t(cid:863) (have to be certain because too many people are innocent) There are some additional concepts you must know: What vicarious liability means, and the reasons businesses should (usually) be held liable for conduct of their employees: vicarious liability if an employee commits a tort, the employer is liable. It is the natural legal consequence of vicarious performance: employers are liable because of the doctrine of vicarious liability:

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