m31

Question 1

tort of conspiracy

Answer 1

compensates for harm caused by collusion

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

Question 2

if defendants band together in a manner that is legal …

Answer 2

plf must prove primary purpose was to cause plf financial harm

Question 3

if defandants band together in a mnner that is illegal

Answer 3

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

Question 4

tort of intimidation

Answer 4

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

Question 5

elements of tort of intimidation

Answer 5

threat of unlawful act
threat was effective
plf suffered a loss

Question 6

elements of tort of intimidation

Answer 6

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

Question 7

tort of interference with contractual relations

Answer 7

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

• def directly caused breach w plf

Question 8

elements of interference w contractual relations

Answer 8

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

Question 9

elements of tort

Answer 9

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

Question 10

tort of occupiers liability

Answer 10

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

Question 11

BC occupiers liability act

Answer 11

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

Question 12

tort of nuisance

Answer 12

unreasonable interference with anothers land

Question 13

types of nuisance

Answer 13

physical damage, impaired enjoyment, non intrusive

Question 14

factors to determine nuisance

Answer 14

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

Question 15

defences to nuisance

Answer 15

consent, stat authority

Question 16

remedies for nuisance

Answer 16

comp damages - pay

injunction

Question 17

rylands v fletcher - strict liability tort

Answer 17

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

Question 18

rylands v fletcher - plaintiff to prove

Answer 18

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

Question 19

rylands v fletcher - defences

Answer 19

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

Question 20

tort of deceit

Answer 20

intentionally misleading statement that caused another harm

Question 21

tort of deceit - plf to prove

Answer 21

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

Question 22

tort of defamation

Answer 22

statmeent that harms another persons good rep

Question 23

tort of defamation - plf to prove

Answer 23

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

Question 24

libel

Answer 24

defamation that is broadcast in a more permanent form

Question 25

slander

Answer 25

defamation that is boradcast in a less permanent form t

Question 26

tort of defamation - defences

Answer 26

• justification
• absolute privilege
• qualified privilege
• fair comment
• consent

Question 27

tort of injurious falsehood

Answer 27

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

Question 28

tort of injurious falsehood - elements plf must prove

Answer 28

• 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

Question 29

forms of injurious falsehood

Answer 29

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