LAW 122 Lecture Notes - Lecture 3: No Liability, Contributory Negligence, Breach (Security Exploit)
Document Summary
Employer vicariously liable for: acts the company authorized an employee to do (performed tortiously); or, a tortious act closely connected to employment relationship [bazley v. curry, 1999 scc] Defences to intentional torts: complete and partial. Defendant (d) makes a false statement which they know to be untrue with which they intend to mislead the plaintiff (p) and which causes the p to suffer a loss. Defendant directors of co. (peek) issued a prospectus which contained a false statement that it had obtained government authorization but had not yet received the authorization. Plaintiff invested in company on the basis of statement. Sued directors personally who found not too be liable since they honestly believed that they would obtain the authorization in question. Test: defendant makes a false statement that could lead a reasonable person to have lower opinion of plaintiff. Plaintiff must prove: statement made reasonably refers to plaintiff.