BU231 – Midterm exam questions and answers well illustrated.

BU231 – Midterm exam questions and answers well illustrated. In the event that an employee commits a tort during employment, is the employer liable at all? What is this called? - correct ious liability: the strict liability of the employer with respect to torts committed by an employee during employment what's the key difference between intentional and unintentional torts? - correct tional torts -> done deliberately unintentional torts -> caused by accidental behaviour James owns the entire 275 Larch Building F. Without permission, Imaad walks into the building to go and steal his charger back that James took yesterday. What's James' potential cause of action? What are the elements to prove here and does this case have all the elements? If a case like this does not have all the elements, can the claim still go forward? - correct answers.Cause of Action: Trespass Elements: 1) Intention, 2) Entering property, 3) Without consent and 4) causing harm It could be argued that there is no cause of harm here given that James might not have needed the charger. But you could also argue that that aspect of it was not consented to and therefore the trespass did cause harm. If one of these elements were missing, the case may not proceed. In a trespass case, where is the onus? - correct burden of proof is on the plaintiff to prove the elements of the cause of action After seeing that Imaad took his charger back, James visited Imaad at Laz the next day. He was furious that he did not have Imaad's charger. Imaad said he needed it for today, James was not having it. He lifted up a fist and gestured it toward Imaad. Is there a cause of action? What is this tort called? What does it require? - correct answers.Yes: Assault: the threat of violence to a person. Requires the apprehension by the defendant of imminent bodily harm Imaad goes home, shocked at James's reaction given that they're supposed to be comrades. Imaad muttered under his breath "I'm gonna guillotine this guy". When Imaad said this, Arthur was on a discord call with him, and told James that Imaad said this. James wanted to get back at Imaad by suing him for assault. Does he win? - correct answers.James can't win. Assault requires the apprehension by the defendant of imminent bodily harm. Imaad was not even near James and James only heard about the threat later. Imaad could also argue in court that he clearly doesn't own a guillotine, and therefore the harm is not imminent. Suppose James took action at Laz and punched imaad in the neck. Imaad's a bigger guy and James is pretty weak, so Imaad was fine after the punch. Regardless, Imaad believes he has a cause of action, what might this be? James defends against this cause of action by stating that Imaad could take it, he's a strong guy. Is James' defence valid? - correct answers.The cause of action is battery, the unlawful touching of another person. James's defence is not valid. Imaad does not need to show damages in court, only that the touching was unconsented. This is called "actionable per say" Arthur calls Michelle one day and tells her that she just missed an exam because she was sleeping. Arthur knew this was false, and thought it would be a funny prank. If Michelle were to have a cause of action, what could it be? What would Michelle have to prove? What are this tort's elements? - correct answers.Tort: Intentional infliction of mental distress Elements: recognizable physical or psychopathological harm and intent to cause harm by the defendant (in this case Arthur) Michelle would have to prove that she actually experienced physical/emotional harm as a result of this phone call. Imaad's Pizzeria business (it's BACK) throws out all of its waste into the local park. Imaad believes that since pizza waste smells like pizza and therefore smells AMAZING, he's not doing anything wrong. Is he? - correct answers.He is. Public nuisance: unreasonable interference with the lawful use of public amenities or public interest Say Michelle's roti and doubles shop also enjoys putting waste into the local park just like Imaad's pizzeria. Can Michelle claim public nuisance on Imaad? - correct answers.No, because Michelle was also doing something unlawful The city however could claim public nuisance on the both of them :pepestand: