Management and Organizational Studies 2275A/B Chapter Notes - Chapter 12: False Imprisonment

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Business Law
Textbook Notes: Ch. 12
Other Torts:
Introduction
Business activity involves interactions that may ultimately have a negative impact on
others and their property
The laws that make a business liable for its tortious conduct also operate to protect that
same business when it is the victim of a tort
Tort actions relevant to businesses can be conveniently divided between those that
arise because a business occupies a property and those that arise because of actual
business operations
Torts and Property Use
An occupier is generally defined as someone who has some degree of control over land
or buildings on that land
The ai tort atios i relatio to oupatio of propert relate to oupiers’ liailit,
nuisance, and trespass
Oupiers’ Liaility
o Oupiers’ liailit desries the liailit that oupiers hae to aoe ho
enters onto their land or property. This area of the law varies by jurisdiction
o Liability at Common Law
Liability is determined by classifying the visitor as a trespasser, licensee,
invitee, or contractual entrant
A contractual entrant is someone who has contracted and paid for the
right to enter the premises. The duty owed to this class is a warranty that
the preises are as safe as reasoale are ad skill o the part of
aoe a ake the
An invitee is someone whose presence on the property is of benefit to
the occupier, such as store customers and delivery or service personnel
Owes a slightly lower duty to the invitee
Must ar the iitee of a uusual dager, of which he knows or
ought to ko
A licensee is someone who has been permitted by the occupier to enter
for the benefit of the licensee. A licensee might also include guests
iited to soeoe’s propert for a soial oasio
Since there is no strong rational for distinguishing between a licensee and
an invitee to begin with, this blurring is entirely justifiable
A trespasser is soeoe ho goes o the lad ithout iitatio of a
sort and whose presence is either unknown to the occupier, or if known,
is practically objected to
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The occupier will be liable for any at done with the deliberate intention of
doing harm to the trespasser, or an act done with reckless disregard for
the presence of the trespasser
o Liailit Uder Oupiers’ Liailit Legislatio
Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, and PEI have
eated oupiers’ liailit legislatio
An occupier must not create deliberate harm or danger, and, in Alberta,
the responsibilities increase where the trespassers are children
Tort of Nuisance
o A atiit o a oupier’s propert that ureasoal ad sustatiall
iterferes ith the eighor’s rights to ejoet of the eighor’s o
property
o It oers itetioal or uitetioal atios take o oe eighor’s lad
that cause har of soe sort o aother’s
o A ureasoale ad sustatial iterferee ith the use ad ejoet of
lad
o Courts have developed the following guidelines
Interference must be substantial and unreasonable
Nuisance typically does not arise where the interference is only
temporary
Not all interests are protected by the tort of nuisance
In nuisance actions, courts will consider tradeoffs in interest
Trespass
o The tort of trespass to lad protets a perso’s possessio of lad fro
rogful iterferee
o Trespass arises in several ways
A perso oes oto the propert ithout the oupier’s epress or
implied permission
A perso oes oto the propert ith the oupier’s epress or iplied
consent but us subsequently asked to leave
A person leaves an ojet o the propert ithout the oupier’s epress
or implied permission
o Important for resolving boundary/title disputes and, more generally, for
protetig propert rights. Protets pria rights ad the right to peaeful use
of lad
o The plaintiff will seek an injunction requiring the trespasser to stop trespassing.
Provincial legislation in several jurisdictions also provides for fines against the
trespasser
Torts from Business Operations
Torts Involving Customers
o Assault and Battery
The torts of assault and battery are not common in a business or
professional context, although they may occur
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