YATES_9TH_CHAPTER_4 - CHAPTER 4 INTENTIONAL CHAPTER TORTS...

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1 CHAPTER 4 – INTENTIONAL CHAPTER 4 – INTENTIONAL TORTS TORTS A. INTRODUCTION – Purpose - compensate victim while at the same time not inhibiting beneficial activities B. BASIS - Fault or Strict Liability
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2 C. C. VICARIOUS LIABILITY VICARIOUS LIABILITY VICARIOUS LIABLITY JUSTIFICATION OF VICARIOUS LIABILITY serves compensatory function may serve a deterrence as a matter of fairness it may be appropriate to require business to suffer loss rather than the victim as a cost of doing business
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3 LIMITATIONS OF CONCEPT LIMITATIONS OF CONCEPT Employer is not liable if the tort occurred completely outside the employment relationship or where the employee was on a frolic of him own. Organization may be bankrupted because of the activity of one of its employees Employer is not liable if the perpetrator was an independent contractor and not an employee Does not relieve the employee of responsibility for his actions. Employer may be both vicariously liable and personally liable (poor hiring practices, failure to properly train employee etc.)
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4 D. D. INTENTIONAL TORTS INTENTIONAL TORTS a. ASSAULT AND BATTERY an action which makes a person think that he or she is about to be struck is an assault a battery takes place when someone is in actual physical contact with another person
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5 Defences to Assault and Battery Defences to Assault and Battery Consent – Self-defence Provocation (?) Reasonable force permitted to eject trespasser. The tavern may be liable if bouncers use excessive force when ejecting a patron
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This note was uploaded on 07/13/2011 for the course BUSI 1110 taught by Professor Vasilez-something during the Spring '09 term at Kwantlen Polytechnic University.

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YATES_9TH_CHAPTER_4 - CHAPTER 4 INTENTIONAL CHAPTER TORTS...

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