Beruflich Dokumente
Kultur Dokumente
CH 2
LEARNING GOALS
Identification of common torts (intentional and unintentional) Identification of tort situations in business Understand principles of law imposed by the courts to determine tort liability Understand how the courts apportion liability where more than one person is responsible Understand how damages or compensation is determined by a court
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2.1
Tort Law
Tort: acts or omissions recognized by law as civil wrongs causing injury to others or their property Actions may have:
tort aspect = civil action by plaintiff against a defendant based on compensation Criminal aspect = criminal charges by the Crown against an accused based on punishment
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2.1
Tort Law
Unintentional Torts Intentional Torts
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2.1
Tort Law
Torts: legal rules with individual definitions as
What torts can you identify?
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2.3
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2.3
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2.4
False Imprisonment
Comprised of two aspects: Imprisonment restraint or confinement, including remaining based on embarrassment of public accusation False no lawful right to restrain for example no theft committed
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2.4
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2.5
Defamation
Defamation: False statement Publication made to other party or parties
Slander verbal Libel written form
Loss reputation by person, business or service What forms of communication can be defamatory?
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Figure 2-1
Defamation
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2.5
Defamation (Contd)
Defences Truth: must be proven in fact Absolute privilege: situations of public interest (courts, boards, Parliament) Qualified privilege: made in good faith with importance to public (letter of reference) Fair Comment: raised by the media based on honest opinion with public information
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2.6
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2.7
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2.7
Nuisance (Contd)
Private Nuisance Remedies: damages and injunction (court order to refrain from certain acts)
Statutory Nuisance Areas where governments have regulated certain activities for the benefit of the community as a whole What areas can you identify for government regulation?
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2.8
Negligence
Most common tort Negligence - summary Duty owed to another not to cause harm Breach duty is not met Damages injury caused by breach
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2.8
Negligence
Duty Standard of care owed not to injure another Reasonable person test
Careful and cautious in his or her conduct Determined by courts in each situation and varies with
Activity or action Risk Skill or expertise
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2.8
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2.8
Negligence Damages
Causation Proximate cause: plaintiffs negligence is the direct and only cause of the injury, if not plaintiffs liability will be limited Remoteness or Foreseeability Test: reasonable person would have foreseen the damage or injury occurring from the action taken
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2.8
Negligence (Contd)
Contributory Negligence Plaintiff is also responsible (partly or entirely) for his or her injuries Court will apportion the damages based on the extent of responsibility Voluntary Assumption of Risk Person voluntarily participates in an activity which carries a chance of risk
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2.9
Common Law: Trespasser (no permission) no duty of care, but cannot deliberately injure Licensee (permission for licensees benefit) duty to warn of hidden dangers Invitee (permission for occupiers benefit) highest duty to warn of unusual dangers that exist that a reasonable and careful person should know; duty met if sufficient warnings are given Statute Law: Many provinces have legislation imposing a standard of care owed to trespassers and visitors
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Figure 2-2
Defamation
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2.9
Liability for the actions of another Employment: Employer is liable for torts committed by an employee while carrying out duties assigned, as the employer exercises control and supervision over the employee Partnership: Partnership is liable for torts committed by the partner if the actions are in the course of partnership business
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2.9
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2.10
Commercial Negligence
Professional Negligence Duty owed is that of a reasonable person who is a fully qualified member of that profession with standards established by a governing body or association Very high standards of care Protection by insurance
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2.10
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2.10
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2.10
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2.11
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2.11
Statute of Limitations Legal action must begin within a reasonable time, most provinces have statutory limits If action is not commenced within the set time period the right to sue is lost
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2.11
Defences to Negligence
Lawful Right Person is granted the right to action under a duty to protect the public at large, then will not be liable
When would these defences apply?
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2.12
Tort Remedies
Monetary (money) Damages to place person back in same position
1. Special Damages
Established by specific receipts or records
2. General Damages
Estimated usually based on expert testimony
4. Nominal Damages
Small amount of money to recognize violation, but court costs may also be given adding to the cost
Essentials of Canadian Business Law, 1st Canadian Edition Slide 2-31 2005 McGraw-Hill Ryerson Ltd., All Rights Reserved.
2.13
Special Remedies
Special Remedies Injunction court order requiring stoppage of certain action
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2.14
Business-Related Torts
Slander of Goods Untrue statement as to the nature of goods Slander of Title Untrue statement with respect to ownership of goods Fraudulent Misrepresentation Intentional false statement to deceive another into entering a contract Allows rescission of the contract and damages Fraudulent Conversion of goods False pretenses to acquire goods
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CH 2
SUMMARY
Torts are civil wrongs causing injury to another Intentional often criminal association
Assault and battery, false imprisonment, defamation, trespass, nuisance
Defences are available for tort actions Remedies are used to compensate for losses caused by tort actions
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