Ch.4 Intentional Torts Flashcards
Tort Law Defined
Tort (very broad area of law)
- Latin word for “tortus” meaning a wrong
Activities that result in damage to others
Interference with a persons:
Property
Person
Reputation
Can be intentional or unintentional
Development of Tort Law
Criminal -Many torts became crimes over time
In past, no distinction between criminal and tort law
Modern day law writers distinguish into two classes:
“Public wrongs” or “wrongs against society”
“Private wrongs” or “wrongs against the individual”
Business Aspect
Affects business:
Product liability
Trespass
General liability
Contract law - relationship created by contract
Tort law - broader application, may be a stranger
Intentional Interference with the Person
Interference in tort law includes:
Intentional (willful) interference
Unintentional interference (negligence)
Principal types of intentional interference are:
Assault
Battery
False imprisonment
Assault and Battery
Two separate torts that arise in business:
Assault
Battery
Not every application of force by one person on another is a battery
Force must be applied with intention of causing harm
If it does not cause harm, must be done without consent or in anger
Assault
- threat of violence or injury to a person
Battery
- unlawful touching or striking of another person
Damages:
To compensate plaintiff (victim) for injuries
Punitive damages awarded in situations of vicious and unprovoked attacks
Defences:
Provocation - only taken into consideration in determining punitive damages
Self defence - can be complete defence if defendant had genuine fear and they struck out as self-protection
Employer vicarious liability
- liability of an employer for acts of their employees in the course of business
E.g. Employee assaults customer
Employee may be personally liable for the tort
Employer liable only for civil consequences not criminal (unless directed or authorized the offence by the employee)
False Imprisonment
Restraint or confinement of the individual by a person who has not lawful right to restrict the freedom of another
E.g. Store security seizes and holds potential shoplifter
Need not require actual physical restraint
May restrain if a crime was committed
Peace officers may mistakenly restrain, under reasonable suspicion or for related questioning
If not a peace officer, individual must have reasonable and probable grounds to restrain
Defamation
False statements that injure a person’s reputation
Two forms:
Libel
Slander
Applies to internet
Possible defences for Defamation
Absolute privilege - protects the speaker, regardless of words’ truth or falsity
Qualified privilege - statements made in good faith without malicious intent
E.g. letters of reference
Fair comment - applies to newspapers; in order to establish defence, must be able to say:
Fair reporting in good faith
Comment represents honest opinion of newspaper
Anti-SLAPP
- refers to legislation designed to dismiss lawsuits brought for abusive purposes
Intentional Interference with Land and Chattels
Two principal torts related to property laws:
Trespass
Conversion of Goods
Element of intention associated with the act of interference
Trespass
tort consisting of injury of a person entry on the lands of another without permission or the seizure or damage of goods of another without consent
Trespass to Land
Entering land of another without express or implied consent of a person in lawful possession
Also applies to a person who refuses to leave when requested to do so
Also includes:
Tunneling under another’s land without permission
Erecting a wall or fence on another’s land, stringing wires over another’s land
Things (e.g. overcharging eaves or trees)
Conversion
- refusal to deliver up a chattel to its rightful owner by a bailee
Wrongful taking goods of another or willful refusal to deliver up the goods to lawful owner
Remedy granted by courts - Monetary damages equal to the goods taken
Willful damage
- involves intentional damage to the goods while they are in the possession of owner
Scope
When businesses engage in improper practices causing injury to others
Untrue statements about competitors’ goods or services
Attempts to steal trade secrets
Restriction of trade
Protected through common law and statute (Competition Act)
Slander of goods
statement alleging that the goods of a competitor are defective, shoddy or injurious to the health of a consumer
Can apply to consumers as well as businesses
