Business Law Ch. 12 Notes.docx

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

Business Law Ch. 12 Notes Chapter 12 Torts and Property Use  Occupier: someone who has some degree of control over land or buildings on that land  The main tort actions in relation to occupation of property relate to occupiers’ liability, nuisance, and trespass  Occupiers Liability o Describes the liability that occupiers have to anyone who enters onto their land or property  Liability at Common Law o Liability is determined by classifying the visitor as a trespasser, licensee, invitee, or contractual entrant o Each class is owed a different standard of care  Trespasser the lowest and entrant the highest o Contractual entrant: someone who has contracted and paid for the right to enter the premises  E.g. someone who has bought tickets to see an exhibit o Invitee: someone whose presence on the property is of benefit to the occupier  E.g. store customers and delivery or service personnel o Licensee: someone who has been permitted by the occupier to enter for the benefit of the licensee  E.g. if someone allowed people to take a shortcut through their building o The general rule is that occupiers are responsible to licensees for any unusual danger of which they are aware or that they have reason to know about o Trespasser: someone who goes on the land without invitation of any sort and whose presence is either unknown to the occupier, or if known, is practically objected to  An occupier still owes some responsibility to the trespasser  The occupier will be liable for any act done with the deliberate intention of doing harm to the trespasser, or an act done with reckless disregard for the presence of the trespasser  Owes the duty of acting with common humanity towards him  Liabilities under Occupiers’ Liability Legislation o One objective of the legislation is to simplify the common law o Legislation across the country provides for a high duty of care – equivalence to the negligence standard – to be owed to entrants who are on the property who express implied permission  The Tort of Nuisance o Nuisance: any activity on an occupier’s property that unreasonably and substantially interferes with the neighbour’s rights to enjoyment of the neighbour’s own property o General test: “an unreasonable and substantial interference with the use and enjoyment of land” o Guidelines:  Intrusions must be significant and unreasonable  Nuisance typically does not arise when the intrusion is only temporary (e.g. construction)  Not all interests are protected by the tort of nuisance (e.g. the right to sunlight is an unprotected interest)  In nuisance actions, courts will consider tradeoffs in interest (e.g. if the noise is reasonable and for the public good, the action in nuisance will fail)  Trespass to Property or Chattels o Trespass: the act of coming onto another’s property without the occupier’s express or implied consent o Arises when:  Comes onto property without the occupier’s express or implied permission  Has the occupier’s express or implied permission but is asked to leave  Person leaves an object on the property with express or implied permission o Trespass is actionable without proof of harm or damage o More commonly, the plaintiff will seek an injunction required the trespasser to stop trespassing o When there are monetary damages due to trespass, those damages are recoverable Torts from Business Operations  Torts involving customers o False Imprisonment  False imprisonment: unlawful detention or physical restraint or coercion by psychological means  Victim must have been prevented from going where he has a lawful right to be  Presents retailers with a serious challenge  The bulk of the case law requires the following to be establish as a defence:  Reasonable grounds to detain the person  Proof that a cri
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