Business Torts
Where on the spectrum of intent do business torts fall under?
Business torts require an intention to cause harm to the plaintiff
- As opposed to intentional torts which just require intention to act a certain way and strict liability torts which require no intent whatsoever
What is one other label that the tort of Deceit is also known as?
Fraud or Intentional Misrepresentation
Who is an occupier of a property?
A person with substantial control of the premises
- Does not need to own the land or property
Define Negligence
Carelessness or recklessness causing of injury to the plaintiff
What is Contributory Negligence?
The plaintiff's loss is due partly by their own carelessness
What are the two forms of Inducement to Breach Contract?
1. Direct inducement
- Defendant directly causes the breach with the plaintiff i.e. convincing an employee to quit their job
2. Indirect inducement
- Defendant indirectly causes the breach with the plaintiff i.e. Stealing workers tools to prevent performance
Name one type of statement that a 'reasonable person' is deemed to not rely on
Puff, predictions, opinions
Why was the law surrounding Occupiers' Liability changed?
Because the variation between types of visitors was too confusing
What is the difference between duty of care and standard of care?
Duty of care is whether care is owed to the plaintiff or not and standard of care is the level of care that is owed to the plaintiff once it is determined that a duty of care exists
What is the result of the defence of Contributory Negligence?
Apportionment of responsibility leading to reduced damages reflecting plaintiff's contribution to harm
Max and Meghan own the only two tire shops in a small town. When Nolan opens up a new tire shop, Max and Meghan agree to both lower the prices of their most popular tires until Nolan is driven out of business.
What tort has been committed?
The tort of Conspiracy
- Two or more people agree to work together with the primary purpose of causing the plaintiff to suffer a financial loss
What are the two types of defamation?
- Oral defamation
2. Libel
- Written defamation
Name one defence to the Tort of Rylands v Fletcher
Consent of non-natural land use, Act of god, Statutory authority
Name all FOUR elements required for a negligence claim to have grounds?
1. Duty of care is owed
2. Breach of the standard of care
3. Factual causation
4. Legal causation
What clause in a contract or type of contract usually shows Voluntary Assumption of Risk?
Waivers or Exclusion Clauses
John just fulfilled his lifelong dream of opening a pet store. The perfect location he wanted to lease is just two blocks away from a predominant pet store in the city.
One day leaving work two large men approach John and tell him that unless he moves his store location then his business may start running into some issues with theft and vandalism. John, worried about his new store, informs his landlord of this threat, who hires 24/7 security at the building.
What tort has been committed?
No tort has been committed!
The tort of intimidation requires that the plaintiff actually submit to the threat, which did not happen in this scenerio.
Jack lives near the university and gets word that a fraternity is looking at moving in next door. In a panic he comes up with a plan. He gets a hold of the frat president and tells him that he has indisputable evidence that the house next door is haunted and they should not purchase. The frat subsequently backs out of the sale agreement for the house right before they were about to sign.
What tort has Jack committed?
Injurious falsehood
- A falsehood against a property or business
What are the three elements that must be present for a valid claim for the tort of Rylands v Fletcher?
1. There was a non-natural land use
2. Something escaped the property
3. Escape caused harm to someone else off of the property
What is the difference between Canada and the U.S. in terms of Product Liability?
In the U.S. they have strict liability for product liability, whereas in Canada Product Liability falls under the tort of Negligence
What is the effect of the defence of Illegality?
Complete defence absolving all liability
What is the extra requirement to prove guilt for Indirect Inducement to Breach Contract which is not present in Direct Inducement to Breach Contract?
That the defendant's actions were themselves unlawful
Joe has a hunch that his coworker Jill is stealing company funds. He doesn't say anything to his bosses, but eventually they come to the same conclusion and she is sued by her company for the funds. Joe is called to the stand in the trial and says that he has thought she is stealing company funds for a long time now, but didn't want to say anything because he couldn't prove it.
It turns out that Jill was not stealing company funds and she is absolved of liability. She sues Joe for defamation because of the statement he made on the stand.
What is Joe's liability? Why?
Joe is protected under the defence of Absolute Privilege
A lawsuit is filed against Mark because he is selling drugs out of his apartment window and attracting crackheads to lurk around the building. What exact type of tort has Mark committed?
Non-intrusive Nuisance
What is the Thin Skull Principle?
States that a tortfeaser must take their victim as they find them
- Means that a defendant who commits any tort that could be reasonably foreseeable to cause damage will be held liable for the full extent of the plaintiffs injuries even if it was a rare or special condition that caused further injury
James signs a form when going skiing that he will not sue the ski hill in the event he gets hurt while skiing. In the fine print of the form it says he also waives liability if the staff acts negligently, but he did not read the fine print as it was a 20 page document.
A staff member negligently misuses the gondola lift causing James to fall out and be severely injured.
Does James have a claim? Why?
Yes, James does because including the term in the fine print is onerous and will likely be interpreted in favour of the plaintiff for their safety