Lecture 3 Flashcards
If both the person who commits the act and the person who causes it are both present, who will be held liable?
The person who commits the act.
What happens if an individual’s property is damaged?
The person who damaged said property will be held liable, however, if the aggrieved party damages the property of the one who damaged their property, they both shall be held liable for damages.
What happens regarding the act of deceit?
The individual who caused an agreement to the other party due to deceit and went against their interests shall be held liable for damages that may occur due to that deceit.
What are the two cases in which trespass might not give rise to tortious liability?
- If a person who committed trespass was defending themselves or their property, or they were defending another person at their property provided that they shall stay within necessary boundaries.
- The public official shall not be liable for actions that may cause damages to others.
However, there are some conditions for the public official to follow…
1 Compliance with said order was obligatory, and that they were under the belief that it was obligatory.
2 They should be able to prove the legality of their actions.
3 They should proof that the action or belief was based on reasonable grounds.
4 They should prove they exercised diligence and reasonable care while committing the act.
What happens if a misappropriator damages property belonging to another?
Restore it in the original condition that it was in, and in the same place where the misappropriation took place.
If the tortfeasor consumed or damaged the goods…
Either with or without a wrongful act on their part, they must provide compensation regarding the value of the item before it was damaged.
The misappropriator must also…
Return back benefits, or any profits they have gained from said property.
What is two circumstances where the owner of the goods shall have the decision on how they wish to earn compensation?
- the misappropriated good have been damaged by the misappropriator then they can choose to see compensation from them.
- however, if the damage occurred by another individuals while the goods were under the possession of the misappropriator, then they can choose to either gain compensation from the third-party, or from the misappropriator themselves.
What happens if the misappropriated goods have changed by themselves?
The owner of the goods may choose to return the goods back or take an alternative.
What happens if the misappropriated goods have completely changed and share a different description?
The misappropriator shall be obliged to provide an alternative to the damaged goods.
What happens if the goods were changed or altered by the misappropriator?
The owner of the goods may pay to have their goods back in their altered stage, or seek an alternative.
What happens if the misappropriated goods suffer a decrease in their value?
The misappropriator must return the same goods and shall compensate the owner for the decrease and value.
Define non-fungible and fungible items.
Fungible items are items that are interchangeable like grains
Non-fungible items or items that are rare and harder to find or compensate like real estate or art pieces.
