BLAW CH 12

Question 1

what’s an Occupier

Answer 1

Someone who has some degree of control over land or buildings on that land.

Question 2

what is Occupiers’ liability

Answer 2

Liability that occupiers have to anyone who enters onto their land or property.

this varies by jurisdiction

Question 3

what is Someone who has some degree of control over land or buildings on that land

Answer 3

Occupier

Question 4

4 classifications of visitors

Answer 4

contractual entrant, invitee, licensee, or trespasser.

Question 5

define Contractual entrant

Answer 5

Any person who has paid (contracted) for the right to enter the premises.

Question 6

define Invitee

Answer 6

Any person who comes onto the property to provide the occupier with a benefit.

Question 7

define Licensee:

Answer 7

Any person whose presence is not a benefit to the occupier but to which the occupier has no objection.

Question 8

define Trespasser

Answer 8

Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier.

Question 9

what do you call Any person who has paid for the right to enter the premises.

Answer 9

Contractual entrant

Question 10

what do you call Any person who comes onto the property to provide the occupier with a benefit.

Answer 10

Invitee

Question 11

what do you call Any person whose presence is not a benefit to the occupier but to which the occupier has no objection.

Answer 11

Licensee

Question 12

what do you call Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier.

Answer 12

trespasser

Question 13

explain the purpose of occupiers liability legislation enacted in Alberta, British Columbia, Manitoba, Nova Scotia, Ontario, and Prince Edward Island

Answer 13

It attempts to simplify the occupier’s liability law by providing for a high duty of care—equivalent to the negligence standard for those on the property with express or implied permission (contractual entrants, invitees, licensees).

The occupier must not create deliberate harm or damage to trespassers—increased responsibility if the trespassers are children

Question 14

explain the Tort of nuisance

Answer 14

attempts to address conflicts between neighbours stemming from land use

Actions can be intentional or unintentional, such as machinery noise, and unpleasant odours.

Interference must be unreasonable, substantial, not temporary, and not for the public good.

Question 15

four requirements for nuisance

Answer 15

Interference must be unreasonable, substantial, not temporary, and not for the public good.

Question 16

who owns everything in the ground?

Answer 16

the crown

Question 17

list the three types of trespass

Answer 17

entering
placing
revocation

Question 18

what is not the greatest but a kind of good argument for nuisance

Answer 18

“I was here first!!”

Question 19

what can trespassers be liable for?

Answer 19

They are liable for all consequences, not just the reasonably foreseeable ones

Question 20

whta are the four main torts for environmental damage

Answer 20

The tort of negligence

The tort of trespass

Actions based on Rylands v Fletcher. improper use of the land
(Must establish a loss of something from plaintiff’s land due to defendant’s actions)

The tort of nuisance

Question 21

what is needed for squatters rights

Answer 21

if squatting goes unimposed for a very long time a person might have squatters rights

Question 22

what is assault

Answer 22

threat of imminent physical harm by disturbing someone’s sense of security

Question 23

what is battery

Answer 23

intentional infliction of harmful or offensive physical contact

Question 24

what should the tort of Assault not be confused with?

Answer 24

criminal assault

Question 25

what occurs consecutively with the tort of Assault but can occur independently

Answer 25

assault and battery can occur consecutively but also independently

Question 26

what is presumed in cases of sexual battery

Answer 26

presumed that there is no consent

Question 27

in cases of sexual battery, where does the burden lie to prove consent

Answer 27

the burden lies on the accused to prove consent

Question 28

what is false imprisonment

Answer 28

unlawful detention or physical restraint or coercion by psychological means

Question 29

give an example of a place where a person cannot claim false imprisonment

Answer 29

a field. There must be no easy escape to claim false imprisonment

Question 30

where does false imprisonment mostly take place

Answer 30

usually takes place in a retail setting , arising when one person detains another without lawful justification

Question 31

distinction between security and police

Answer 31

security are private citizens

Question 32

what is deceit

Answer 32

misrepresentations that are made fraudulently or recklessly causing loss.

Question 33

can being silent be considered deceit

Answer 33

yes it can

Question 34

what is passing off

Answer 34

presenting another's goods or services as ones own

Question 35

what is it called when one presents another's goods or services as ones own.

Answer 35

passing off

Question 36

what is the tort of interference

Answer 36

inducing someone to break contractual obligations with another

Question 37

what is it called when someone induces someone to break contractual obligations with another

Answer 37

interference with contractual obligations or just the tort of interference

Question 38

when does the tort of interference often arise

Answer 38

often seen when another employer poaches an employee from another company

Question 39

what is defamation

Answer 39

the public utterance of a false statement of fact or opinion that harms another's reputation

Question 40

list the two kinds of defamation

Answer 40

libel and slander libel is written and slander is with words

Question 41

why is libel worse than slander

Answer 41

people can say things, and a lot of the things that people say is just bullshit. but to actually write something down is much more serious. someone must have put thought into it

Question 42

3 requirements to be considered defamation

Answer 42

the defendants words must lower the plaintiffs reputation in the eyes of a reasonable person the statement did in fact refer to the plaintiff words were communicated to at least one other person

Question 43

give an example of a false statement that is not considered defamation

Answer 43

it is not defamation if the false statement is told directly to the plaintiff with no other parties listening.

Question 44

In terms of speech. what must the law balance

Answer 44

freedom of speech vs defamation vs hate speech

Question 45

what are the 5 defences to defamation

Answer 45

Absolute privielge, Qualified privilege, Justification, Fair comment, Responsible communication on matters of public interest

Question 46

Justification

Answer 46

A defence to defamation based on the defamatory statement being substantially true. Example: An employer writes a negative but true statement in a reference letter.

Question 47

Qualified privilege

Answer 47

A defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it.

Question 48

Absolute privilege

Answer 48

A defence in relation to parliamentary or judicial proceedings; applies in very limited circumstances only.

Question 49

Fair comment

Answer 49

: Permits a person to offer commentary on “matters of public interest,” despite the commentary being defamatory.

Question 50

what is A defence to defamation based on the defamatory statement being substantially true.

Answer 50

Justification

Question 51

what is A defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it.

Answer 51

Qualified privilege

Question 52

what is A defence in relation to parliamentary or judicial proceedings; applies in very limited circumstances only.

Answer 52

Absolute privilege

Question 53

what is Permits a person to offer commentary on “matters of public interest,” despite the commentary being defamatory.

Answer 53

Fair comment

Question 54

what happens when there is malice in qualified privilege

Answer 54

it is no longer considered qualified privilege

Question 55

what is responsible communication on matters of public interest

Answer 55

Defence that applies where some facts are incorrectly reported but (1) the publication is on a matter of “public interest,” and (2) the publisher was diligent in trying to verify the allegation.

Question 56

what is it called when some facts are incorrectly reported but (1) the publication is on a matter of “public interest,” and (2) the publisher was diligent in trying to verify the allegation.

Answer 56

Responsible communication on matters of public interest

Question 57

what happens when you own a site, and are made aware of some defamatory material and don't take it down

Answer 57

that may be defamation

Question 58

Injurious Falsehood

Answer 58

The utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services. It requires the plaintiff to establish that statements were false and published (uttered) with malice or improper motive.

Question 59

what is it called when The utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services.

Answer 59

injurious falsehood

Question 60

intrusion upon seclusion tort.

Answer 60

allows a person to sue for invasion of privacy. the defendant’s conduct was intentional; the defendant invaded the plaintiff’s private affairs without lawful justification; a reasonable person would regard such conduct as “highly offensive causing distress, humiliation or anguish.”

Question 61

what tort allows suing for invasion of privacy

Answer 61

intrusion upon seclusion

Question 62

what does this quote relate to | “the premises are as safe as reasonable care and skill on the part of anyone can make them.”

Answer 62

a contractual entrant

Question 63

what does this quote relate to | “at least the duty of acting with common humanity towards him.”

Answer 63

a trespasser

Question 64

what kind of person does this quote relate to | “unusual danger, [of] which he knows or ought to know.”

Answer 64

an invitee