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? - ans vicarious 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? - ans intentional 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? - ans 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.