Chapter 12.docx

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Prof
Semester
Fall

Description
Business Law Chapter Notes 10/21/2013 11:05:00 AM - Torts and Property Use  Occupier: Someone who has some degree of control over land or buildings on that land  Occupiers Liability: Liability that occupiers have to anyone who enters onto their land or property o Liability at Common Law  Contractual Entrant: Any person who has paid for the right to enter the premises  Invitee: Someone who comes onto the property to provide the occupier with a benefit  Licensee: Any person whose presence is not a benefit to the occupier but not to which the occupier has no objection  Trespasser: Someone who is not invited onto the property and whose presence is either unknown to the occupier or is objected by the occupier o Liability Under Occupier’ Liability Legislation  Provides a high duty of care equivalent to the negligence standard to be owed to entrants who are on the property with permission  Trespasser responsibility differs dependent on the statute  Tort of Nuisance o Nuisance: Any activity on an occupiers property that unreasonably and substantially interferes with the neighbour’s rights to enjoyment of the neighbour’s own property  Ones enjoyment of land/property uninterrupted by neighbours  Intrusions must be significant and unreasonable  Nuisance typically does not arise where the intrusion is only temporary  Not all interest are protected by the tort of nuisance  Courts will consider tradeoffs as interest  Trespass o Trespass to Land: Wrongful interference with someone’s position of land  A person comes onto the property without the occupiers permission  A person comes on the property with the occupiers consent but is frequently asked to leave  A person leaves an object on the property without the occupier’s permission - Torts from Business Operations  Torts Involving Customers o Assault and Battery  Threat of physical harm to someone and the actual ph
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