Busl250 – Mid Semester Notes

BUSL250 Mid-semester Notes Liabilities * Harm may be ca employmentd deliberately or raffishly * One somebodys single unhealthful shape to a nonher(prenominal) soul (deliberately or carelessly) can give rise to one or more legal liabilities * Legal Liabilities tortious Liability persecuteful strike can be a civil wrong (civil wrong), new(prenominal) than breach of contr represent, regenerate is compensation (commenced through litigation) * Vicarious Liability Liability for harmful procedure get downd by another * statutory obligation harmful act by breach of statute, prosecution is penalization * Contractual liability harmful act by breach of perplex, remedy is compensation * Criminal liability harmful act and harmful act is a crime, incurs criminal liability, prosecution for punishment * A harmful act may incur one or more legal liabilities Tortious vs. contractual liability tortious liability can incur in the absence of contract but contract liability can only incur i f a contract exists. * digression between tortious liability and criminal liability * Consequences of causing harm Tort of trespass * goof is actionable per se, which means that there is no take away for the complainant to prove actual loss or ruin in order to commence a civil action against the trespasser. It is, how constantly, indispensable to prove that the step innce was either intentional or negligent. * Types of trespass You move over the tort of trespass to gain if you directly and intentional noise with agriculture in the rightful possession of X without Xs assume of other exc character. Lord Bernstein of Leigh (Baron) v Skyviews & General Ltd 1978 1 QB 479 * * Doesnt need to be physical trespass of airspace * A tenant in rightful possession of land has the right to action for trespass, including the right to sue the landlord if the landlord enters the land without permission or observant excuse. * No trespass to land if there is no attempt to make it clear tha t you are not welcomed to their land. i. e. mplied permission * You draw out the tort of trespass to goods if you directly and intentionally interfere with goods in the possession of X, without Xs consent or other excuse * Trespass against goods direct and intentional interference with or use of personal property of another * Conversion intentionally using/ relations the goods that is inconsistent with the owner or their rightful possession of the good * dentin committed when someone either intentionally or careless detains the goods of another. (i. e. carelessly through loosing the good not able to give back when demanded) * Trespass to persons You commit the tort of battery if you directly, intentionally or negligently dumbfound meet with the body of x without Xs consent. Courts established plaintiffs not entitled to insist that no one ever touch them, and that a certain minimal level of physical contact is an unavoidable element of daily life. Rixon v Star City Pty Ltd 2001 NS WCA 265 * You commit a tort of assault if you unlawfully threaten another with threatening physical harm * You commit the tort of false imprisonment if you cause total deprivation of Xs freedom of movement without lawful justification or excuse * Defences * Accident * Consent * Necessity ego defence (usually for trespass to person) * Defence of property (usually for trespass to person) Tort of plague * You commit the tort of nuisance if you indirectly interfere (i. e. interfere with no actual physical contact e. g. through noise) with Xs use and enjoyment of private or public land * 2 types * closed-door nuisance * Public nuisance * Defences * Consent from plaintiff (expressed or implied) * Statutory legislation * Contributory negligence Tort of defamation * You commit the tort of defamation if you publish to a three party, spoken or indite form, a statement about x that would damage the reputation of X.Economic torts * Tort of deceit a tort committed when one person makes a f raudulent misrepresentation to another * If you tell someone the truth and so something happens that changes those facts, you must notify persons of that change or you will be charged with misrepresentation * You must know that the information you gave was false to misrepresent * No defence to expect plaintiff to check the information * Tort of crack off a tort committed when one person misrepresents themselves or their product as having some kind of connection with another person or business.Pacific Dunlop v Hogan. * Tort of intimidation a tort and/or crime committed when one person threatens to commit an unlawful act to force another to do something against their interest Rookes v Barnard. * Tort of interference with contractual relations a tort committed when one person knowingly induces another to break a contract with a third party. Lumley v Wagner. *