Textbook Notes (368,566)
Canada (161,966)
York University (12,849)
ADMS 2610 (76)
Rudi Lof (11)
Chapter 4

ADMS 2610 Chapter 4: B.Law10th ppt notes Ch4
Premium

5 Pages
75 Views
Unlock Document

Department
Administrative Studies
Course
ADMS 2610
Professor
Rudi Lof
Semester
Winter

Description
CH 4 Tort law ➢ Definition ➢ Development of tort law  Intentional Interference with Person ➢ Assault and battery ➢ Vicarious liability ➢ False imprisonment  Overview  Intentional Interference with Reputation of Person ➢ Defamation ▪ Libel ▪ Slander  Intentional Interference with Land and Chattels ➢ Trespass to land ➢ Conversion  Business Related Torts and Crimes ➢ Slander of Goods ➢ Breach of Confidence ➢ Unfair Business practices  Tort Law  Tort (very broad area of law)  Latin word for “tortus” meaning a wrong  A wrong committed by one person to another  Interference with a persons ○ Property ○ Person ○ Reputation  Can be intentional or unintentional  Development of Tort Law  Criminal ➢ Many torts became crimes over time  Distinction ➢ Between criminal and tort law ➢ A tort and crime can arise from the same incident ➢ Criminal is public (crown brings the action) ▪ Public wrongs or wrongs against society ➢ Tort law is private (injured party brings the action in civil court) ▪ Private wrongs or wrongs against the individual  Business Aspect  Affects business  Product liability  Trespass  General liability  Contract law – relationship created by contract  Tort law – broader application, may be a stranger  Interference with Person  Intentional (Willful interference)  Types ➢ Assault ➢ Battery ➢ False imprisonment  Assault and Battery  Assault and Battery ➢ Each is a separate tort  Assault ➢ A threat of violence or injury to a person  Battery ➢ The unlawful touching or striking of another person  Not every application of force is a battery in law ➢ Applied with the intention of causing harm ➢ If it does not cause harm, it must be done without consent or in anger  Assault and Battery  Damages ➢ To compensate victim for injuries ➢ Punitive damages awarded in situations of vicious and unprovoked attacks  Defenses ➢ Provocation ▪ Only taken into account in determining damages ➢ Self Defense ▪ Can be a complete defense if establish defendant had a genuine fear and forced used was reasonable in circumstances  Vicarious Liability  Defined ➢ Employer is liable for the actions of an employee for acts during the course of employment ▪ Employer liable only for civil consequences not criminal ▪ Unless directed or authorized the act complained of  False Imprisonment  Definition ➢ Unlawful restraint or confinement of the individual by a person ▪ Most common in security personnel situations ▪ Need not require actual physical restraint ▪ May restrain if a crime was committed ▪ Peace officers may mistakenly restrain, under reasonable suspicion or for related questioning (investigation) ▪ If not a peace officer, individual must have reasonable and probable grounds to restrain  Forcible Confinement  Definition  Confinement against a person’s will  A criminal offence  Lack of resistance is generally not a defense  Defamation  Definition  False statements that injure a person’s reputation  Libel – (printed or published) permanent form such as writing or a cartoon ○ Applies to the internet today  Slander – (spoken) statements or gestures  Defamation  Defenses 
More Less

Related notes for ADMS 2610

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit