Professional Documents
Culture Documents
Torts
Torts
or injury to a person o Battery unlawful touching or striking of another person o False imprisonment Vicarious Liability o Employer is liable for the actions of an employee for acts during the course of employment Forcible Confinement o Confinement against a person`s will *Defamation o Attack False Statements that injure a person`s reputation Libel - (printed or published) permanent form writing cartoon Slander spoken statements or suggestions o Defences Truth Absolute Privilege protects speaker (even if statements are false) if made in Parliament, Royal Commissions, Courts Qualified Privilege statements made in good faith without malicious intent Death of a party cannot defame the dead Criminal Element can be criminal if published without lawful excuse Conversion o wrongful taking of the goods of another OR where goods lawfully come into the possession of the person, the wilful refusal to deliver up the goods to the lawful owner Lawful owner must be denied possession and enjoyment of the goods and the defendent must retain the goods without colour of right Remedy monetary damages equal to the value of the goods o Wilful damage involves wilful damage of the goods while they are in possession of the owner Slander of Goods o statement alleging that the goods of a competitor are defective or crappy Injurious Falsehood o same thing but aimed at the firm or business and not just its products Slander of title lying about who owns something ex. Bill gates owns Apple o Goods improperly acquired
Breach of Confidence o Improper dealings with competitor`s employees offering bribes and stuff Restraint of Trade o agreement between firms to fix prices, injure competition, or prevent others from entering a market ARE PROVEN TO PENALTY since they are business crimes under the competition act Deceit tort arises when party suffers damages by acting on FALSE representations Fraudulent conversion obtaining goods under false pretences Unfair business practices designed to take advantage of consumer inexperience, or ignorance