WEEK 7 Flashcards
(15 cards)
What are the kinds of intentional torts
- Nuisance
- Assault and Battery
- False Imprisonment
- Defamation
- Inducing break of contract
Explain Nuisance (Definition, Test, Remedies)
- Disturbance of enjoyment in property
- Reasonable use test (what is the best use of the land today)
- Damages, Prohibitory Injunction, Mandatory Injunction
Explain Assault and Battery (Definition and Remedy)
- Assault is the threat of violence and battery is physical contact without consent
- Damages or injunction
Explain False Imprisonment (Definition and Remedy)
- Unlawful restraint of a person
- Putting someone innocent in jail
- Getting someone prosecuted for a crime without reasonable and probable grounds (malicious prosecution)
Explain Defamation (Definition, test, and defences)
- Making untrue statements that can harm the reputation of someone through writing or verbal
- Victim must prove that the statement was false and caused harm to their reputation or business
- Can argue that the statement was true or has parliamentary privilege
Explain Inducing breach of contract
Causing someone to deviate from other contract agreements
Difference between inducing breach of contract and unlawful interference with economic interests
- Unlawful interference does not involve contractual agreements
- It is when you influence one party to
discontinue or a business relationship
with another party
- It is when you influence one party to
What is a professional?
- Specialized knowledge or skill
- Clients rely on you
- Has a license (if the industry requires it)
When does a professional owe a fiduciary duty
- Special relationship of trust with another
- Profession allows access to connections
- Someone is relying on your information
- Your title is why people come to you
Contractual duty of a professional (remedy)
- Implied term that they owe a duty to perform with due care
- If not conducted with due care client has a remedy for damages
Areas of tort duty
- Misrepresentation
- Professional negligence
Categories of misrepresentation
- Innocent misrepresentation
- Fraudulent misrepresentation
- Negligent misrepresentation
What is the Hedley Byrne Principle
A professional may be held liable if third parties use the wrong information (part of negligent misrepresentation)
- Must be sufficient proximity
- Used for the intended purpose
What is the difference between professional negligence and a normal negligence case?
Professional negligence has a higher standard of care
- Prudent practitioner standard
What are the kinds of professional liability risk management strategies?
- Insurance
- LLP
- Corporations (However professionals remain personally liable)
