Busl250 – Mid Semester Notes

BUSL250 Mid-semester Notes Liabilities * Harm may be caused wise(p)ly or carelessly * One persons single unhealthful act to an some other person (deliberately or carelessly) can set up pass over to nonpareil or more legal liabilities * Legal Liabilities Tortious indebtedness detrimental act can be a tort ( civilised wrong), other than breach of sign up, remedy is compensation (commenced through litigation) * Vicarious obligation Liability for harmful act caused by another * Statutory obligation harmful act by breach of statute, prosecution is punishment * Contractual indebtedness harmful act by breach of distil, remedy is compensation * cruel liability harmful act and harmful act is a crime, pay offs sorry liability, prosecution for punishment * A harmful act may incur matchless or more legal liabilities Tortious vs. contractual liability tortious liability can incur in the absence of contract but contract liability can only incur if a contract exists. * Difference b etween tortious liability and criminal liability * Consequences of causing harm Tort of usurpation * Trespass is actionable per se, which way that there is no need for the complainant to prove actual privation or impairment in order to commence a civil action against the trespasser. It is, however, necessary to prove that the come innce was either intentional or negligent. * Types of trespass You saddle the tort of trespass to priming coat if you direct and intentional interference with land in the rightful obstinacy of X without Xs respond of other excuse. Lord Bernstein of Leigh (Baron) v Skyviews &038 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 treat for trespass, including the right to sue the landlord if the landlord enters the land without permission or lawful excuse. * No trespass to land if there is no attempt to make it ready that you are not welcomed to their land. i. e. mplied permission * You commit the tort of trespass to goods if you directly and purposely 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/dealing the goods that is inconsistent with the owner or their rightful possession of the good * Dentine perpetrate when soul 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 cause contact 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 take of physical contact is an unavoidable element of daily life. Rixon v friend City Pty Ltd 2001 NSWCA 265 * You commit a tort of assault if you unl awfully threaten another with imminent physical harm * You commit the tort of wild imprisonment if you cause total deprivation of Xs independence of movement without lawful justification or excuse * Defences * Accident * approve * Necessity Self defence (usually for trespass to person) * Defence of property (usually for trespass to person) Tort of nuisance * 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 * Private nuisance * Public nuisance * Defences * Consent from plaintiff (expressed or implied) * Statutory legislation * Contributory negligence Tort of sprinkling * You commit the tort of defamation if you publish to a third party, communicate or written 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 fraudulent misrepresentation to another * If you tell someone the truth then something happens that changes those facts, you must notify persons of that change or you forget be charged with misrepresentation * You must know that the education you gave was faux to misrepresent * No defence to expect plaintiff to check the information * Tort of passing off a tort committed when one person misrepresents themselves or their product as having some kind of conjunctive 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. *