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Unformatted text preview: C HAPTER 12 O THER T ORTS 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 its exposure to tort liability Learning Outcomes Recognize that business activity can result in tort action (pages 266 267) Recognize the torts that arise from the use of property (pages 267 269) Recognize the torts that arise from normal business operations (pages 274 281) Understand the obligation of an occupier to people on the property (pages 267 269) Recognize that the tort of nuisance places restrictions on occupiers activities that interfere with occupiers of other property (pages 271 273) Understand the tort of false imprisonment (pages 274) Understand the tort of passing off (pages 276) Recognize the difference between defamation and injurious falsehood (pages 278 281) Understand how a business can manage the risks associated with commercial torts (pages 282 283) Chapter Summary While negligence is the most common business tort, many other torts also impact business affairs and these are addressed in this chapter. Very generally torts can be described as flowing from property use and from general business operations. The principle torts flowing from property use are those of occupiers liability, nuisance, and trespass. There is a broad range of torts flowing from business operations including false imprisonment, assault and battery, and deceit. Business competitors may complain of passing off, interference with contractual relations, defamation, and product defamation. Managing the diverse range of business torts is fundamental to the survival and health of the business. Study Outline Use this outline to prepare a complete set of notes for this chapter. Torts and Property Use page 267 ______________________________________________________________________ ______________________________________________________________________ 2008 BY NELSON, A DIVISION OF THOMSON CANADA LTD. PART 3: BUSINESS TORTS Occupiers liability ______________________________________________________ ______________________________________________________________________ Liability at common law_______________________________________________ Contractual entrant ___________________________________________________ Invitee __________________________________________________________ Licensee __________________________________________________________ Trespasser _________________________________________________________ Liability under occupiers liability legislation ______________________________ Nuisance __________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Trespass to property _____________________________________________________...
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