Ch 5 Objectives:

Describe the tort of conspiracy and explain the risks that

arise when two or more companies plot together against
another business.
o Conspiracy usually occurs when two or more defendants
agree to act together with the primary purpose of causing
the plaintiff to suffer a financial loss

Explain the two ways in which a business can commit the

tort of intimidation
o Intimidation occurs when the plaintiff suffers a loss as a
result of the defendants threat to commit an unlawful act
either against the plaintiff or a third party

Distinguish between direct inducement to breach of

contract and indirect inducement to breach of contract.
o Direct Inducement to Breach of Contract occurs when
the defendant directly persuades a third party to break its
contract with the plaintiff
o Indirect Inducement to Breach of Contract occurs
when the defendant indirectly persuades a third party to
break its contract with the plaintiff

Describe the tort of unlawful interference with economic

relations.
o May occur if the defendant commits an unlawful act for the
purpose of causing the plaintiff to suffer an economic loss

Outline the elements of the tort of deceit.

o Deceit occurs if the defendant makes a false statement
which they know to be untrue, with which they intend to
mislead the plaintiff, and which causes the plaintiff to
suffer a loss

Explain the rules that apply to occupiers liability in your

province or territory.
o Occupiers Liability requires an occupier of premises to
protect visitors from harm
o An occupier is any person who has substantial control
over premises
o A visitor is any person who enter onto premises
 Outline the range of situations in which the courts may
impose liability on a business for committing the tort of
nuisance.
o Nuisance occurs when the defendant unreasonable
interferes with the plaintiffs use and enjoyment of their
own land
o Example of flying planes over someones house late at
night

Describe the elements of the rule in Rylands V Fletcher

and explain how that tort involves strict liability.
o The Rule in Rylands V Fletcher states that the
defendant can be held strictly liable for their non-natural
use of land if something escapes from their property and
injures the plaintiff

Explain why businesses are frequently in danger of

committing the tort of defamation.
o Defamation occurs when the defendant makes a false
statement that could lead a reasonable person to have a
lower opinion of the plaintiff
o Slander is a defamatory statement that is spoken
o Libel is a defamatory statement that is written
o Publication occurs when a statement is communicated to
a third party

Describe the tort of injurious falsehood.

o Injurious Falsehood occurs when the defendant makes a
flase statement about the plaintiffs business that causes
the plaintiff to suffer a loss