Ch.4 Intentional Torts

Question 1

Tort Law Defined

Answer 1

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

Question 2

Development of Tort Law

Answer 2

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”

Question 3

Business Aspect

Answer 3

Affects business:
Product liability
Trespass
General liability

Contract law - relationship created by contract

Tort law - broader application, may be a stranger

Question 4

Intentional Interference with the Person

Answer 4

Interference in tort law includes:
Intentional (willful) interference
Unintentional interference (negligence)

Principal types of intentional interference are:
Assault
Battery
False imprisonment

Question 5

Assault and Battery

Answer 5

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

Question 6

Assault

Answer 6

• threat of violence or injury to a person

Question 7

Battery

Answer 7

• unlawful touching or striking of another person

Question 8

Damages:

Answer 8

To compensate plaintiff (victim) for injuries
Punitive damages awarded in situations of vicious and unprovoked attacks

Question 9

Defences:

Answer 9

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

Question 10

Employer vicarious liability

Answer 10

• 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)

Question 11

False Imprisonment

Answer 11

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

Question 12

Defamation

Answer 12

False statements that injure a person’s reputation

Two forms:
Libel
Slander

Applies to internet

Question 13

Possible defences for Defamation

Answer 13

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

Question 14

Anti-SLAPP

Answer 14

• refers to legislation designed to dismiss lawsuits brought for abusive purposes

Question 15

Intentional Interference with Land and Chattels

Answer 15

Two principal torts related to property laws:
Trespass
Conversion of Goods

Element of intention associated with the act of interference

Question 16

Trespass

Answer 16

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

Question 17

Trespass to Land

Answer 17

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)

Question 18

Conversion

Answer 18

• 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

Question 19

Willful damage

Answer 19

• involves intentional damage to the goods while they are in the possession of owner

Question 20

Scope

Answer 20

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)

Question 21

Slander of goods

Answer 21

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