Study Guide To Accompany Canadian Business And The Law

Submitted By Intela-Crosoft
Words: 4141
Pages: 17
Open Document
Study Guide to accompany Canadian Business and the Law, 5th edition

Chapter 12

CHAPTER 12
OTHER TORTS
Objectives
After studying this chapter, you should have an understanding of
• the range of torts that are relevant to business organizations
• how torts arise from the use of property
• how torts arise from business operations
• how a business can manage the risk of liability in tort

Learning Outcomes
•
•
•
•
•
•
•
•
•

Recognize that business activity can result in tort action (page 261)
Recognize the torts that arise from the use of property (pages 262–267)
Understand the obligation of an occupier to people on the property (pages 262–265)
Recognize that the tort of nuisance places restrictions on occupier’s activities that interfere with occupiers of other property (pages 266–267)
Understand the tort of false imprisonment (page 269)
Recognize the torts that arise from normal business operations (pages 271–276)
Understand the torts of passing off and interference with contractual relations
(pages 271–273)
Recognize the difference between defamation and injurious falsehood (pages 274–276)
Understand how a business can manage the risks associated with commercial torts
(pages 277–278)

Chapter Summary
While negligence is the most common tort a business will encounter, various other commercially relevant torts merit analysis. These torts can be categorized and assessed according to whether they would arise because the business is an occupier of property or because it provides a product or service. Furthermore, torts that could be committed against a competitor can be grouped separately from those more likely to involve a consumer. Though these distinctions are not definitive, they provide a useful way of organizing the variety of torts that affect the commercial world. As an occupier, a business must be sure to keep its property safe so that people coming on-site are not injured, otherwise it faces occupiers’ liability according to a regime that classifies the entrant in question under common law or by statute. To avoid committing the tort of nuisance, a business must not unreasonably and substantially interfere with the right of its neighbours to enjoy their property. The law governing trespass gives occupiers a right to exert control over who comes onto their premises, subject to human rights codes. Torts arising from business operations in relation to customers are false imprisonment, assault and battery, and deceit. Through these torts, the law seeks to ensure people’s right to move about as they please, to have their bodily integrity
© 2014 Nelson Education Limited

199

Study Guide to accompany Canadian Business and the Law, 5th edition

Chapter 12

respected, and not to be misled about the quality of a product or service. Torts more likely to be committed against a competitor include passing off, interference with contractual relations, defamation, and injurious falsehood or product defamation. These torts endeavour to protect a business’s property and its own reputation. Given the diverse and wide-ranging nature of a business’s potential liability in tort, preventing torts from ever occurring should be one of management’s top priorities.

© 2014 Nelson Education Limited

200

Study Guide to accompany Canadian Business and the Law, 5th edition

Chapter 12

Study Outline
Use this outline to prepare a complete set of notes for this chapter.
Torts and Property Use—page 262
______________________________________________________________________
______________________________________________________________________
Occupiers’ Liability _____________________________________________________
______________________________________________________________________
Liability at common law _______________________________________________
Contractual entrant ___________________________________________________
Invitee _____________________________________________________________
Licensee
Show More

Related Documents: Study Guide To Accompany Canadian Business And The Law

Essay on Ch 12

Chapter 12 The Second War for Independence and the Upsurge of Nationalism, 1812–1824 1. A Scary War with Britain (pp. 233–240) a. What do the authors say at the outset is the “supreme lesson” of the War of 1812? The leading a divided and apathetic people into war is a bad idea b. For two years, the Americans and British fought to a standstill in Canada. What event in Europe in 1814 allowed the British to concentrate all their forces in America? Napoleons power was destroyed…

Words 1169 - Pages 5

Essay on Ch 12 Notes

4 Parts of Audit Report 1. Introductory paragraph a. F/S and years examined 2. Management’s Responsibility section a. Management responsible for financial statements b. Management responsible for internal control 3. Auditor’s Responsibility section a. Auditor responsible for issuing opinion on financial statements b. Audit conducted in accordance with GAAS c. Audit provides reasonable assurance 4. Opinion Are F/S presented in accordance with applicable financial reporting framework (GAAP)? (Additional…

Words 2614 - Pages 11

Essay Cover Page Ch 12

Throughout the first chapter we covered in AP Statistics, I felt generally comfortable with the material. In my opinion, the balance between instructional videos and straight learning allowed for a better understanding of the topic. Although the videos were solely for instructional purposes, they were still relatively entertaining and made the classroom experience more enjoyable. I liked how the curriculum began with the introduction to experiments; the basis of all statistics and all mathematics…

Words 318 - Pages 2

Essay example of ch. 12 services project

Chapter 12: Services Review/Reflection Questions 1) A few service jobs I'm interested in would be an anesthesiologist this type of service job is consumer service under health services. These doctors play an essential role in keeping patients alive, and asleep during surgery no matter how long it may take. Their handsome paychecks reflect the responsibility and risk involved in their jobs. Another service job I'm interested in is an Aerospace Engineer; they conduct engineering duties in designing…

Words 631 - Pages 3

CH 12 Factorial ANOVA 3 Essay

Factorial ANOVA Chapter 12 Research Designs  Between – Between (2 between subjects factors)  Mixed Design (1 between, 1 within subjects factor)  Within – Within (2 within subjects factors)  The purpose of this experiment was to determine the effects of testing mode (treadmill, bike) and gender (male, female) on maximum VO2. Testing mode is a within subjects factor with 2 levels Gender is a between subjects factor with 2 levels Maximum VO2 is the dependent variable. A 3 x 2 Design …

Words 1201 - Pages 5

Essay on LOTF Ch 10 12 vocab

something that pleases them. The former president had tried to propitiate the people ultimately failed. Horribly. 11.) Pinnacle noun syn high point Def- a high, pointed piece of rock. The modern countries are said to be the pinnacles of civilization. 12.) Ludicrous adj syn ridiculous Def- so foolish, unreasonable, or out of place as to be amusing; ridiculous. The boys found Simon’s opinions about the Beast ludicrous at first. 13.) Truculent adj syn aggressive Def- eager or quick to argue or fight;…

Words 690 - Pages 3

APES Ch 11 12 13 16 Study Guide Essay

Chapter 16-- Mining 1. mineral: elements or compounds of elements that occur naturally in Earth’s crust; have precise chemical compositions; metallic or nonmetallic ore: a rock that contains a large enough concentration of a particular mineral to be profitably mined and extracted; high/low-grade ores 2. electrostatic precipitators… 3. Hydrothermal process: involve water that was heated deep in Earth’s crust; water seeps through cracks and dissolves certain minerals in the rocks; minerals are…

Words 1144 - Pages 5

Essay on Cell and Cell Bio Spring- 2015

Ch-1 Introduction to Cells May-12-2015 Bio-2600 Introduction to Cell Biology Textbook (required) Essential Cell Biology FOURTH EDITION Alberts • Bray • Hopkin • Johnson • Lewis • Raff • Roberts • Walter Cell Bio Spring-2015 1 Ch-1 Introduction to Cells May-12-2015 Chapter 1 Introduction to Cells  A colony of bacteria, a butterfly, a rose, and a dolphin are all made of cells.  They all have a fundamentally similar chemistry and operate according to the same basic principles. Cell Bio Spring-2015…

Words 1770 - Pages 8

A Note On The Nutrition Project

Discussion Board- Ch 2 | September 2 | September 12 | Quiz- Ch 2 | September 2 | September 13 | Lesson 3 | September 9 | | Discussion Board- Ch 3 | September 9 | September 19 | Nutrition Project | September 9 | October 25 | Quiz- Ch 3 | September 9 | September 20 | Lesson 4 | September 16 | | Lab 4B | September 16 | September 27 | Quiz-Ch 4 | September 16 | September 27 | Lesson 5 | September 23 | | Discussion Board- Ch 5 | September 23 | October 3 | Quiz- Ch 5 | September 23…

Words 340 - Pages 2

Sex-Linked Traits Through Meiosis and How It Relates to Genetics. Essay

worksheet located on your student |10/10/12 |10 | |What Is Life? |website. | | | |Week Two: Genetics and Molecular Biology…

Words 1614 - Pages 7