m31 Flashcards

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1
Q

tort of conspiracy

A

compensates for harm caused by collusion

- occurs if 2+ businesses band together to harm another business

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2
Q

if defendants band together in a manner that is legal …

A

plf must prove primary purpose was to cause plf financial harm

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3
Q

if defandants band together in a mnner that is illegal

A

plf must prove the def should have known that their actions would cause plf financial harm

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4
Q

tort of intimidation

A

occurs when the def tries to coerce the plf or third party with threats of an illegal act

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5
Q

elements of tort of intimidation

A

threat of unlawful act
threat was effective
plf suffered a loss

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6
Q

elements of tort of intimidation

A

third party intimidation - def pressured third party to hurt plf
two party intimidation - def pressured plf directly

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7
Q

tort of interference with contractual relations

A

occurs when one person intentionally disrupts another persons business or contractual relations witha. third party causing financial harm

  • def directly caused breach w plf
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8
Q

elements of interference w contractual relations

A

plf must prove:
knowledge- def was aware of contract b/w plf and third party
intention- def intended to cause breach
cause - def actually casued breach
loss - plf suffered loss

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9
Q

elements of tort

A
involves a parasitic claim 
def uses unlawful means against 3rd party 
intent to harm plf
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10
Q

tort of occupiers liability

A

encourages occupiers of land to ensure visitors are not harmed/ compensates visitors who are injured on another land

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11
Q

BC occupiers liability act

A

duty extends to:
- condition of the premises
- activities on the premises
- conduct of others on the premises
- duty of reasonable care owed to all visitors
-warning signs to moderate the duty
landlord liable if fails to repair under lease

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12
Q

tort of nuisance

A

unreasonable interference with anothers land

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13
Q

types of nuisance

A

physical damage, impaired enjoyment, non intrusive

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14
Q

factors to determine nuisance

A
  • UNREASONABLE interference with land
  • nature of neighbourhoodmm time/day, intensity/duration, social utility of activity, def motivation, availibility of an alt activity
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15
Q

defences to nuisance

A

consent, stat authority

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16
Q

remedies for nuisance

A

comp damages - pay

injunction

17
Q

rylands v fletcher - strict liability tort

A
-special duty bc of hazardous situation 
def liable even if exercised reasonable care 
def should always take special precautions
18
Q

rylands v fletcher - plaintiff to prove

A

-def non natural use of land
soemthing escapes from def land
loss caused to plf land

19
Q

rylands v fletcher - defences

A

strict libaility but not absolute libaility
- consent by plf
- escape caused by unavoidable act of god
escape caused by act of third party
- loss was inevitable act of stat auth

20
Q

tort of deceit

A

intentionally misleading statement that caused another harm

21
Q

tort of deceit - plf to prove

A
  • def made false statement
    -factual statement
    -plf relied on statement
    -pld suffered loss
  • def knew statement was false
    def intended to mislead plf
22
Q

tort of defamation

A

statmeent that harms another persons good rep

23
Q

tort of defamation - plf to prove

A
  • statement reasonabaly refers to plf
  • statement harms plf good rep
  • statment was published
24
Q

libel

A

defamation that is broadcast in a more permanent form

25
Q

slander

A

defamation that is boradcast in a less permanent form t

26
Q

tort of defamation - defences

A
  • justification
  • absolute privilege
  • qualified privilege
  • fair comment
  • consent
27
Q

tort of injurious falsehood

A

false statement made by a person about the goods or services of a business that financially harms the business

28
Q

tort of injurious falsehood - elements plf must prove

A
  • def made flase statement
  • statement was made maliciously
  • statement was published to a third party
  • must show a connection b/w statement and a loss by the def
29
Q

forms of injurious falsehood

A

slander of title
slander of quality
other statement about business that causes financial loss