Prepared by Douglas Peterson, Prepared by Douglas Peterson,

University of AlbertaUniversity of Alberta 4-4-11

Part 2 – The Law of TortsPart 2 – The Law of Torts

Chapter 4 Chapter 4 Intentional TortsIntentional Torts

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OverviewOverview

Tort lawTort law DefinitionDefinition Development of tort lawDevelopment of tort law

Intentional Interference with PersonIntentional Interference with Person Assault and batteryAssault and battery Vicarious liabilityVicarious liability False imprisonmentFalse imprisonment

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OverviewOverview

Intentional Interference with Reputation of PersonIntentional Interference with Reputation of Person DefamationDefamation

LibelLibel SlanderSlander

Intentional Interference with Land and ChattelsIntentional Interference with Land and Chattels Trespass to landTrespass to land ConversionConversion

Business Related Torts and CrimesBusiness Related Torts and Crimes Slander of GoodsSlander of Goods Breach of ConfidenceBreach of Confidence Unfair Business practicesUnfair Business practices

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Tort LawTort Law

Tort (very broad area of law)Tort (very broad area of law) Latin word for “tortus” meaning a wrongLatin word for “tortus” meaning a wrong A wrong committed by one person to anotherA wrong committed by one person to another Interference with a personsInterference with a persons

PropertyProperty PersonPerson ReputationReputation

Can be intentional or unintentionalCan be intentional or unintentional

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Development of Tort LawDevelopment of Tort Law

CriminalCriminal Many torts became crimes over timeMany torts became crimes over time

DistinctionDistinction Between criminal and tort lawBetween criminal and tort law A tort and crime can arise from the same incidentA tort and crime can arise from the same incident Criminal is public (crown brings the action) Criminal is public (crown brings the action)

Public wrongs or wrongs against societyPublic wrongs or wrongs against society Tort law is private (injured party brings the action in civil Tort law is private (injured party brings the action in civil

court)court) Private wrongs or wrongs against the individualPrivate wrongs or wrongs against the individual

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Business AspectBusiness Aspect

Affects business Affects business Product liabilityProduct liability TrespassTrespass General liabilityGeneral liability

Contract law – relationship created by contractContract law – relationship created by contract Tort law – broader application, may be a strangerTort law – broader application, may be a stranger

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Interference with PersonInterference with Person

Intentional (Willful interference)Intentional (Willful interference) TypesTypes

AssaultAssault BatteryBattery False imprisonmentFalse imprisonment

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Assault and BatteryAssault and Battery

Assault and BatteryAssault and Battery Each is a separate tortEach is a separate tort

AssaultAssault A threat of violence or injury to a personA threat of violence or injury to a person

BatteryBattery The unlawful touching or striking of another personThe unlawful touching or striking of another person

Not every application of force is a battery in lawNot every application of force is a battery in law Applied with the intention of causing harmApplied with the intention of causing harm If it does not call harm, it must be done without consent If it does not call harm, it must be done without consent

or in angeror in anger

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Assault and BatteryAssault and Battery

DamagesDamages To compensate victim for injuriesTo compensate victim for injuries Punitive damages awarded in situations of vicious and Punitive damages awarded in situations of vicious and

unprovoked attacksunprovoked attacks DefensesDefenses

Provocation Provocation Only taken into account in determining damagesOnly taken into account in determining damages

Self DefenseSelf Defense Can be a complete defense if establish defendant had a Can be a complete defense if establish defendant had a

genuine fear and forced used was reasonable in genuine fear and forced used was reasonable in circumstancescircumstances

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Vicarious LiabilityVicarious Liability

DefinedDefined Employer is liable for the actions of an employee for Employer is liable for the actions of an employee for

acts during the course of employmentacts during the course of employment Employer liable only for civil consequences not criminalEmployer liable only for civil consequences not criminal Unless directed or authorized the actUnless directed or authorized the act

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False ImprisonmentFalse Imprisonment

DefinitionDefinition Unlawful restraint or confinement of the individual by a Unlawful restraint or confinement of the individual by a

personperson Most common in security personnel situationsMost common in security personnel situations Need not require actual physical restraintNeed not require actual physical restraint May restrain if a crime was committedMay restrain if a crime was committed Peace officers may mistakenly restrainPeace officers may mistakenly restrain Non peace officers must have reasonable and probable Non peace officers must have reasonable and probable

groundsgrounds

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Forcible ConfinementForcible Confinement

DefinitionDefinition Confinement against a person’s willConfinement against a person’s will A criminal offenceA criminal offence Lack of resistance is generally not a defenseLack of resistance is generally not a defense

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Interference with the Reputation of a Interference with the Reputation of a PersonPerson

DefamationDefamation False statements that injure a person’s reputationFalse statements that injure a person’s reputation Libel – (printed or published) permanent form such as Libel – (printed or published) permanent form such as

writing or a cartoonwriting or a cartoon Applies to the internet todayApplies to the internet today

Slander – (spoken) statements or gesturesSlander – (spoken) statements or gestures

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DefensesDefenses

TruthTruth As to the statements madeAs to the statements made

Absolute privilegeAbsolute privilege Protects the speaker whether statements are true or Protects the speaker whether statements are true or

false or even made maliciouslyfalse or even made maliciously Limited to statements made in parliament, Royal Limited to statements made in parliament, Royal

Commissions, courtsCommissions, courts

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DefensesDefenses

Qualified privilegeQualified privilege Statements made in good faith without malicious intentStatements made in good faith without malicious intent Examples: letters of reference,Examples: letters of reference, To allow free speech on matters of public importanceTo allow free speech on matters of public importance

Death of a PartyDeath of a Party Cannot defame the deadCannot defame the dead

Criminal ElementCriminal Element Libel can be criminal if published without lawful excuse Libel can be criminal if published without lawful excuse

or justification exposing the person to hatred, contempt or justification exposing the person to hatred, contempt or ridiculeor ridicule

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Interference with LandInterference with Land

2 Main Torts2 Main Torts TrespassTrespass ConversionConversion

Trespass to LandTrespass to Land Injury of a person, entry on the lands of another without Injury of a person, entry on the lands of another without

permission, or the seizure of goods of another without permission, or the seizure of goods of another without consentconsent

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TrespassTrespass

Entering land without permissionEntering land without permission Implied or expressedImplied or expressed Originally there with permission but refusing to leave Originally there with permission but refusing to leave

when requested to do sowhen requested to do so Tunneling under another’s land without permissionTunneling under another’s land without permission Erecting a wall or fence on another's land, stringing Erecting a wall or fence on another's land, stringing

wires over another’s landwires over another’s land Things can trespass such as overhanging eaves or treesThings can trespass such as overhanging eaves or trees

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ConversionConversion

DefinitionDefinition The refusal to deliver up a chattel to its rightful owner The refusal to deliver up a chattel to its rightful owner

by a baileeby a bailee Trespass to goodsTrespass to goods Wrongful taking of another’s goodsWrongful taking of another’s goods

RemedyRemedy Damages equal to the goods takenDamages equal to the goods taken

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Business Related TortsBusiness Related Torts

ScopeScope Covers situations where business engage in improper Covers situations where business engage in improper

practices that cause injury to otherspractices that cause injury to others Untrue statements about competitors goods or servicesUntrue statements about competitors goods or services Attempts to steal trade secretsAttempts to steal trade secrets Restriction of tradeRestriction of trade Protected through common law and statute Protected through common law and statute

(Competition Act)(Competition Act)

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Slander of Goods/Injurious Slander of Goods/Injurious FalsehoodFalsehood

Slander of GoodsSlander of Goods Statement alleging that the goods of a competitor are Statement alleging that the goods of a competitor are

defective, shoddy or injurious to the health of a defective, shoddy or injurious to the health of a consumerconsumer

Can apply to consumers or businessesCan apply to consumers or businesses Injurious FalsehoodInjurious Falsehood

False statements about a firm, its products or business False statements about a firm, its products or business practices intended to dissuade others from doing practices intended to dissuade others from doing business with the firmbusiness with the firm Wider scope than slander of goodsWider scope than slander of goods

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Slander of TitleSlander of Title

Similar to slander of goodsSimilar to slander of goods An untrue statement about the right of another to the An untrue statement about the right of another to the

ownership of goodsownership of goods Statements that a competitor has improperly acquired Statements that a competitor has improperly acquired

the goods put up for salethe goods put up for sale

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Breach of ConfidenceBreach of Confidence

DefinitionDefinition Improper dealings with a competitors employees Improper dealings with a competitors employees Offering money for trade secretsOffering money for trade secrets

DamagesDamages Monetary damagesMonetary damages Dismissal of employeeDismissal of employee

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Restraint of TradeRestraint of Trade

DefinitionDefinition Agreement between firms to fix prices, injure Agreement between firms to fix prices, injure

competition, or prevent others from entering a marketcompetition, or prevent others from entering a market Covered by common law and the Competition ActCovered by common law and the Competition Act

Inducing Breach of ContractInducing Breach of Contract Inducing another to break or sever a business Inducing another to break or sever a business

relationshiprelationship

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DeceitDeceit

DefinitionDefinition A tort that arises when a party suffers damages by A tort that arises when a party suffers damages by

acting upon a false representation made by a party with acting upon a false representation made by a party with the intention of deceiving the otherthe intention of deceiving the other

Arises from fraudulent misrepresentationArises from fraudulent misrepresentation Must:Must:

Be a material natureBe a material nature Made with intention of deceivingMade with intention of deceiving Other party relied upon the statementOther party relied upon the statement

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Other TortsOther Torts

Fraudulent ConversionFraudulent Conversion Obtaining goods under false pretensesObtaining goods under false pretenses Not theft since the owner did give the party the goodsNot theft since the owner did give the party the goods

Unfair Business PracticesUnfair Business Practices Business practices designed to take advantage of Business practices designed to take advantage of

consumer ignorance or inexperienceconsumer ignorance or inexperience Usually dealt with through consumer protection lawsUsually dealt with through consumer protection laws

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SummarySummary

Tort LawTort Law Intentional or unintentional interference with a persons Intentional or unintentional interference with a persons

property, person or reputationproperty, person or reputation Intentional interference (willful)Intentional interference (willful)

To a personTo a person Assault, battery, false imprisonmentAssault, battery, false imprisonment

To reputationTo reputation Defamation (slander and libel)Defamation (slander and libel)

To PropertyTo Property Trespass to land or goodsTrespass to land or goods