Business Torts
Define an intentional tort in business
occurs both with the intention to commit the physical act and actual damage results
Define occupiers liability
Requires an occupier of premises to protect visitors from harm
What is the definition of defamation?
Making a false statement that could lead a reasonable person to have lower opinion of plaintiff
Define conspiracy
Two or more persons agree to act together with primary purpose of causing plaintiff to suffer financial loss
What are the three forms of nuisance?
- Physical damage
- Impaired enjoyment
- Non-intrusive
What are the two forms of defamation and what do they mean?
- Libel (written defamation)
- Slander (spoken defamation)
What two elements must be proven in the claim of intimidation?
- Threat to break duty in tort, contract, or crime
- Intimidated party submitted to threat
What are the two defences to nuisance?
- Consent to activity
- Statutory authority
What are the other two potential labels for deceit?
- Fraud
- Fraudulent misrepresentation
What are the two forms of interference with contractual relations?
- Direct
- Indirect
Define the rule in Rylands v Fletcher
Defendant strictly liable for non-natural use of land if something escapes their property and injures plaintiff
– Includes excessive water flowing off landscaped lands and flooding a neighbour
What are the four defences to defamation?
- Justification (truth)
- Absolute privilege
- Qualified privilege
- Fair comment
What three things must be proven in interference with economic relations?
- Intent to injure plaintiff (act directed toward plaintiff)
- Unlawful or illegal act (unauthorized action sufficient)
- Plaintiff suffered economic loss
What are the three defences to Rylands v Fletcher?
- Plaintiff consented to non-natural land use
- Unavoidable act of God or third party caused escape
- Injury inevitable result of defendant’s exercise of statutory authority
Define the defence to defamation of qualified privilege
Applies when legal, moral or social obligation to make a statement to someone with a similar duty or interest in receiving it