m31 Flashcards
tort of conspiracy
compensates for harm caused by collusion
- occurs if 2+ businesses band together to harm another business
if defendants band together in a manner that is legal …
plf must prove primary purpose was to cause plf financial harm
if defandants band together in a mnner that is illegal
plf must prove the def should have known that their actions would cause plf financial harm
tort of intimidation
occurs when the def tries to coerce the plf or third party with threats of an illegal act
elements of tort of intimidation
threat of unlawful act
threat was effective
plf suffered a loss
elements of tort of intimidation
third party intimidation - def pressured third party to hurt plf
two party intimidation - def pressured plf directly
tort of interference with contractual relations
occurs when one person intentionally disrupts another persons business or contractual relations witha. third party causing financial harm
- def directly caused breach w plf
elements of interference w contractual relations
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
elements of tort
involves a parasitic claim def uses unlawful means against 3rd party intent to harm plf
tort of occupiers liability
encourages occupiers of land to ensure visitors are not harmed/ compensates visitors who are injured on another land
BC occupiers liability act
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
tort of nuisance
unreasonable interference with anothers land
types of nuisance
physical damage, impaired enjoyment, non intrusive
factors to determine nuisance
- UNREASONABLE interference with land
- nature of neighbourhoodmm time/day, intensity/duration, social utility of activity, def motivation, availibility of an alt activity
defences to nuisance
consent, stat authority