Copyright2011PearsonCanadaInc.ppt

Chapter Objective 10 * Chapter Objective 10 * Chapter Objective 11 * Chapter Objective 11 * Chapter Objective 11 * Chapter Objective 1 * Malicious Prosecution Prosecution abandoned or “not guilty” Prosecution motivated by malice No reasonable grounds to have originally proceeded with criminal action Copyright ? 2011 Pearson Canada Inc. 4- * Copyright ? 2011 Pearson Canada Inc. 4-* Private Nuisance Public nuisance affects public in general (Government plaintiff) Private nuisance interferes with others’ use of their property Strict Liability for inherently dangerous situations or products Copyright ? 2011 Pearson Canada Inc. 4-* Defamation A detrimental false statement about someone Must be published or broadcast Slander - spoken defamation Libel - written defamation continued … Defamation, continued Defences to a defamation action: Truth Absolute Privilege Qualified Privilege Fair Comment Public Interest Responsible Journalism? Copyright ? 2011 Pearson Canada Inc. 4 - * Copyright ? 2011 Pearson Canada Inc. 4 - * Copyright ? 2011 Pearson Canada Inc. 4-* Other Torts Impacting Business Inducing breach of contract Commonly, luring people to breach their current employment or supply contracts Interference with economic relations Intimidation Intentional infliction of mental suffering Harassment continued ... Copyright ? 2011 Pearson Canada Inc. 4-* Other Torts Impacting Business, continued Deceit (Fraudulent Misrepresentation) Conspiracy … to injure business interests Passing off knockoffs Misuse of Confidential Information Breach of confidence Copyright ? 2011 Pearson Canada Inc. 4-* Privacy Privacy protection provided by statute law Personal Information Protection and Electronic Documents Act Regulates collection and use of private information Provides a model code continued ... Privacy, continued Provincial privacy statutes Incipient common law tort of “invasion of privacy”? Copyright ? 2011 Pearson Canada Inc. 4 - * Copyright ? 2011 Pearson Canada Inc. 4-