Busl250 - Mid Semester Notes
BUSL250 – Mid-semester Notes
Liabilities
* Harm may be caused deliberately or carelessly * One person’s single harmful act to another person (deliberately or carelessly) can give rise to one or more legal liabilities * Legal Liabilities * Tortious Liability: harmful act can be a tort (civil wrong), other than breach of contract, remedy is compensation (commenced through litigation) * Vicarious Liability: Liability for harmful act caused by another * Statutory liability: harmful act by breach of statute, prosecution is punishment * Contractual liability: harmful act by breach of contract, remedy is compensation * Criminal liability: harmful act and harmful act is a crime, incurs criminal liability, prosecution for punishment * A harmful act may incur one or more legal liabilities * Tortious vs. contractual liability: tortious liability can incur in the absence of contract but contract liability can only incur if a contract exists. * Difference between tortious liability and criminal liability
* Consequences of causing harm
Tort of trespass * Trespass is actionable per se, which means that there is no need for the plaintiff to prove actual loss or damage in order to commence a civil action against the trespasser. It is, however, necessary to prove that the interference was either intentional or negligent. * Types of trespass
* You commit the tort of trespass to land if you directly and intentional interference with land in the rightful possession of X without X’s consent of other excuse. Lord Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] 1 QB 479 * * Doesn’t need to be physical trespass of airspace * A tenant in rightful possession of land has the right to sue for trespass, including the right to sue the landlord if the landlord enters the land without permission or lawful excuse. * No trespass to land if there is no attempt to make it clear
Liabilities
* Harm may be caused deliberately or carelessly * One person’s single harmful act to another person (deliberately or carelessly) can give rise to one or more legal liabilities * Legal Liabilities * Tortious Liability: harmful act can be a tort (civil wrong), other than breach of contract, remedy is compensation (commenced through litigation) * Vicarious Liability: Liability for harmful act caused by another * Statutory liability: harmful act by breach of statute, prosecution is punishment * Contractual liability: harmful act by breach of contract, remedy is compensation * Criminal liability: harmful act and harmful act is a crime, incurs criminal liability, prosecution for punishment * A harmful act may incur one or more legal liabilities * Tortious vs. contractual liability: tortious liability can incur in the absence of contract but contract liability can only incur if a contract exists. * Difference between tortious liability and criminal liability
* Consequences of causing harm
Tort of trespass * Trespass is actionable per se, which means that there is no need for the plaintiff to prove actual loss or damage in order to commence a civil action against the trespasser. It is, however, necessary to prove that the interference was either intentional or negligent. * Types of trespass
* You commit the tort of trespass to land if you directly and intentional interference with land in the rightful possession of X without X’s consent of other excuse. Lord Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] 1 QB 479 * * Doesn’t need to be physical trespass of airspace * A tenant in rightful possession of land has the right to sue for trespass, including the right to sue the landlord if the landlord enters the land without permission or lawful excuse. * No trespass to land if there is no attempt to make it clear