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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B

Business Law Chapter Notes 10/20/2013 9:28:00 AM - Tort: Harm caused by one person to another other than through breach of contract, and for which the law provides a remedy  Trespass to Land: Wrongful interference with someone’s possession of land  Fraud: False representation intentionally or recklessly made by one person to another that causes damage  Negligence: Unreasonable conduct, including careless actions or omissions that cause harm to another - Tort-Feasor: Someone who commits a tort - Torts are categorized as:  Intentional Torts: Harmful act that is committed on purpose o Assault: The threat of imminent physical harm o Battery: Intentional infliction of harmful or offensive physical contact  Unintentional Torts: Torts committed by unintentionally by intentional actions - Tort Law and Criminal Law  Purposes of the Actions o Purpose of criminal prosecution is to censure behaviour o Anyone in violation of criminal code should be punished o Purpose of tort law is to compensate victim  Commencing the Actions o Legal action is called prosecution, brought on by the Crown  Proving the Actions o Crown must prove the force was applied and intentional o Burden of Proof: Prosecutor must prove all elements of offense beyond reasonable doubt - Liability in Tort  Primary Liability: Arises due to ones own personal wrongdoing  Vicarious Lia
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