Torts Notes 1.pdf

Torts Notes 1.pdf - Notes December 6 2017 Subject Torts...

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1 Notes: December 6, 2017 Subject: Torts Intentional tort conscious, purposeful decision to commit the act, with harm as a result Assault imminent threat of physical contact Battery non-consensual physical contact Defamation of Character Slander oral defamation; Damages must be proven UNLESS the slander falls under even one of the categories (p. 209): 1. Statements that discredit the plaintiff’s pursuit of his or her business or profession; 2. Statements that suggest (falsely) that the plaintiff has committed a criminal offence; 3. Statements that suggest that the plaintiff has a “loathsome or contagious disease” (for example, leprosy or an STI); or 4. Statements that suggest that a woman is “unchaste.” Libel anything published (anything written or published) / broadcast (TV or radio); considered at-large damages; Damages are presumed ; court will assign an amount. In libel, damages are assumed because of the large audience base, which creates permanence. That is, the libelous material can be shared to other people over and over again. Quantum submission where courts base the amount for damages
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  • Fall '17
  • Tort Law, intentional tort, Detinue

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