copyright © 2008 pearson education canada4-1 chapter 4: intentional torts

Copyright © 2008 Pearson Education Canada 4-1

Chapter 4:Chapter 4:

Intentional TortsIntentional Torts


What Is a Tort?What Is a Tort?

A social wrong (not necessarily a crime)A social wrong (not necessarily a crime) A civil wrong (between individuals)A civil wrong (between individuals) When an intentional or careless act harms When an intentional or careless act harms

anotheranother Injured party usually sues for monetary Injured party usually sues for monetary

compensationcompensation


What Is a Tort?/2What Is a Tort?/2

Crimes are social wrongs that affect Crimes are social wrongs that affect society as a whole society as a whole

Some crimes are also torts Some crimes are also torts A tort is an inherently wrongful act that A tort is an inherently wrongful act that

causes injury to anothercauses injury to another


Question for DiscussionQuestion for Discussion

It is possible for wrongful conduct to be It is possible for wrongful conduct to be both a tort and a crime. both a tort and a crime.

Is it appropriate for a person who engaged Is it appropriate for a person who engaged in wrongful conduct to be prosecuted in wrongful conduct to be prosecuted criminally and then to be subject to a civil criminally and then to be subject to a civil law suit to compensate the victim for the law suit to compensate the victim for the injuries suffered?injuries suffered?


Categories of TortCategories of Tort

Intentional Intentional deliberate acts that cause deliberate acts that cause

injury or loss injury or loss UnintentionalUnintentional

Careless or negligent acts Careless or negligent acts that cause injury or lossthat cause injury or loss


Intentional TortsIntentional Torts

ExamplesExamples Assault and BatteryAssault and Battery Trespass to LandTrespass to Land False ImprisonmentFalse Imprisonment NuisanceNuisance DefamationDefamation

Courts may award punitive damagesCourts may award punitive damages


Assault and BatteryAssault and Battery

Assault and BatteryAssault and Battery Assault - where there is fear of contactAssault - where there is fear of contact Battery – the least touching of another without Battery – the least touching of another without

consentconsent DefencesDefences

1. Accident not mistake1. Accident not mistake 2. Consent (informed)2. Consent (informed) 3. Self-defence (reasonable force)3. Self-defence (reasonable force)


Trespass to LandTrespass to Land

Being on another’s land without authorityBeing on another’s land without authority permission implied for business offering public permission implied for business offering public

servicesservices Occupier owes only minimal duty to Occupier owes only minimal duty to

trespassertrespasser Continuing trespass remedied by Continuing trespass remedied by

injunctioninjunction


False ImprisonmentFalse Imprisonment

The unlawful and intentional restraint of The unlawful and intentional restraint of a person against his/her willa person against his/her will

Restraint must be totalRestraint must be total Victim must submit or be forced to Victim must submit or be forced to

complycomply Restraint may be justified if the person Restraint may be justified if the person

has done something s/he can be has done something s/he can be arrested for.arrested for.


NuisanceNuisance

Public nuisance affects public in Public nuisance affects public in generalgeneral

Private nuisance interferes with Private nuisance interferes with another’s use of his/her propertyanother’s use of his/her property

Strict Liability for inherently Strict Liability for inherently dangerous situations or productsdangerous situations or products


DefamationDefamation

A false statement about someone to his or A false statement about someone to his or her detriment - must be published or her detriment - must be published or broadcast broadcast

Slander - spoken defamationSlander - spoken defamation Libel - written defamationLibel - written defamation


Defamation/2Defamation/2

DefencesDefences

1. Truth1. Truth

2. Absolute Privilege2. Absolute Privilege

3. Qualified Privilege 3. Qualified Privilege

4. Fair Comment4. Fair Comment


Other Business TortsOther Business Torts

Inducing breach of contractInducing breach of contract Interference with economic relationsInterference with economic relations IntimidationIntimidation Intentional infliction of mental Intentional infliction of mental

sufferingsuffering DeceitDeceit


Other Other BusinessBusiness Torts/2 Torts/2

ConspiracyConspiracy Malicious prosecutionMalicious prosecution ConversionConversion Passing off actionPassing off action Injurious falsehoodInjurious falsehood


Online TortsOnline Torts

Internet is uncontrolledInternet is uncontrolled Victims have few remedies availableVictims have few remedies available ISPs have no direct liabilityISPs have no direct liability


Privacy Privacy

Privacy protection provided by statute Privacy protection provided by statute lawlaw

Personal Information Protection and Personal Information Protection and Electronic Documents ActElectronic Documents Act

Regulates collection and use of private Regulates collection and use of private information information

Provides a model code Provides a model code


Question for Discussion Question for Discussion

Tort law is designed to provide Tort law is designed to provide compensation for injury or damages compensation for injury or damages suffered.suffered.

Is it appropriate for the civil court to Is it appropriate for the civil court to award damages where no loss has been award damages where no loss has been suffered by the person suing? For suffered by the person suing? For example, in a case of trespass.example, in a case of trespass.

copyright © 2008 pearson education canada4-1 chapter 4: intentional torts

Documents

pearson education canada4

loss slide

injunction slide

battery assault

battery trespass

monetary compensation

fair comment slide

consent battery