Mos 2275 Chapter 12 Notes

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Desmond Mc Keon

Chapter 12: Other Torts Tort and Property Uses  Occupier: Someone who has some degree of control over land or building on that land o An enterprise is an occupier, whether it is the owner, tenant, or temporary provider of a service. o It is easily possible for there to be more than one occupier for a given space.  Occupiers’ liability: Liability that occupiers have to anyone who enters onto their land or property o In Newfoundland, Quebec, and Saskatchewan, retained as common law. o Other provinces have occupiers’ liability legislation. o As a common law: Liability of the occupier is determined by classifying the visitor, each of whom is owed a different standard of care.  contractual entrant: Any person who has paid for the right to enter the promises  Duty owed is a warranty that the promises are as safe as reasonable care and skill on the part of anyone can make them  Invitee: Any person who comes onto the property to provide the occupier with a benefit  Duty owed is a warning of any unusual danger of which he knows or ought to know  No requirement to warn of usual or common danger that ordinary reasonable persons can be expected to know and appreciate  Licensee: Any person whose presence is not a benefit to the occupier but to which is no objection  Responsible for any unusual dangers of which they are aware or have reason to know about.  Blurring between invitee and licensee is justifiable  Trespasser: Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier  Liable for any act done with the deliberate intention of doing harm to the trespasser  Extremely low duty. But, when the trespasser is a child, the court may interpret them as licensee. o As a legislation  Created to replace the obtuse common law of occupiers’ liability by a general duty of care based on the neighbour principle set down in Donoghue v Stevenson  High duty of care is owed to entrants who are on the property with express or implied permission  Tort of nuisance: Any activity that on an occupier’s property that unreasonably and substantially interferes with the neighbour’s right to enjoyment of the neighbour’s own property (intentional or unintentional) o Requires the following guidelines:  Intrusions must be significant and unreasonable  Nuisance typically does not arise where the intrusion is only temporary.  Not all interests are protected by tort of nuisance.  In nuisance actions, courts will consider the trade-offs in interest. When the noise in question is reasonable and for public good, the action in nuisance will fail.  Trespass to land: Wrongful interference with someone’s possession of land o Arises due to:  A person comes onto the property without the occupier’s express or implied permission  A person comes onto the property with the occupier’s permission, but is subsequently asked to leave. Any person who refuses to leave becomes a trespasser.  A person leaves an object on the property without the occupier’s express or implied permission o Important for resolving boundary disputes, protecting property, and privacy rights o Actionable without proof of harm or damage. If damages are suffered, they are recoverable. Torts from Business Operation  Torts involving customers o Assault and battery  Uncommon in the business context  Contact need not cause actual harm, though it must be harmful and offensive  Damages is the most common remedy o False imprisonment: Unlawful detention or physical restraints or coercion by psychological means  Occurs most often in retail
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