lecture 2 - OneNoteOnline Lecture#2...

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
4/15/2016 OneNote Online https://brocku­my.sharepoint.com/personal/jb14go_brocku_ca/_layouts/15/WopiFrame.aspx?sourcedoc={14FED323­8280­4DC8­BA05­ED120414BDAE}&file=… 1/3 ‐Defama±on 1. Wri²en‐ Libel 2. Spoken‐ Slander Absolute Privilege ‐So whatever is said in court that is false, the person that said it can use it as a defense because it was said in court. The ra±onale is that anyone should be able to express their thoughts without being sued for it even if this statement is maliciously wrong Qualified Privilege ‐A defense for businessmen. No ac±on for defama±on if the statement made was made honestly and without malice. The statement would also be circulated to those that had the right to know. But if this statement was made in public, than qualified privilege will not help you out. A good example would be a manager repor±ng about the performance about a worker to his superior. ‐Passing Off(Not a Defense) Inten±onally deceiving the public that they are selling another person's product. E.g People who sell fake Rolex watches Last lecture we dealt with inten±onal torts. Now we are going to talk about uninten±onal torts. This is called Negligence. Negligence is o³en caused by carelessness by the Defendant. It is s±ll the wrongdoing of an individual but it is not intended to harm the vic±m Things that a Plain±ff have to do to get a successful case This five things are the Plain±ffs onus. The Plain±ff is responsible for proving these five points. Thus the plain±ff has the burden of proof 1. Does the Defendant owe the plain±ff a duty of care? Case Study #1: Palsgraf Case Study #2:Donaghue v Stephenson Pre²y famous case Duty of care is when a party has to be careful with his ac±ons towards an individual or party. It is up to the courts to really decide whether the Defendant had a duty of care to the plain±ff. To determine this they use the
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern