LAW 122 Lecture Notes - Lecture 3: Contributory Negligence
20 Oct 2017
School
Department
Course
Professor
Document Summary
Duty of care: damage irrelevant i. e. battery. Intend act & harm: need damage i. e. business tort. Compensatory, punitive, nominal and court costs -> injured party. Deceit: defendant makes a false statement, defendant knows statement is false/untrue, defendant uses the statement with the intention to mislead the plaintiff and. That causes the plaintiff to suffer a loss (damage) Plaintiff must prove: defendant made a false statement, defendant knew statement was false or was reckless in determining truth, defendant intended to mislead the plaintiff, plaintiff suffered a loss as a result of reasonably relying upon statements. Interference with contractual relations: disruption of contract between plaintiff and another. Risk management: danger in luring away competitor"s customers, danger in luring away competitor"s workers. Forms of interference: direct inducement to breach of contract, e. g. convince employee to quit job (ask: did defendant encourage 3rd party to commit a breach of contract with plaintiff?)
