Chaprer Four-Intentional Torts Flashcards
What is a tort?
A tort is committed when one person causes injury to another, harming his person, property, or reputation
Why can’t a tort be confused with a breach of contract?
A breach of contract may be inherently wrong, but the contractual terms make it unacceptable not the actual breach
Limit SCC has on damages
$325 000
Vicarious liability
When an employer is automatically responsible for a tortuous act an employee committed in the scope of their employment
What is an intentional tort?
When the wrongdoer possibly did not intend to do harm but the conduct itself was willful
Battery
Actual conduct when someone intentionally makes unwanted physical contact
Assault
Fear of contact (ie. points a gun)
Test for trespass of person
If the defendants conduct would cause a reasonable person to feel threatened with imminent harm
Defences to trespass of person
Consent and self-defence
Forms of trespass
- going onto someone’s property without no lawful right or permission
- trespassers are responsible for damages
- trespass can be an encroaching building (continuing trespass)
- throwing items (indirect trespass)
Defences to trespass of land
- consent
- intruder had no control of where they were
- person acting in official capacity
Trespass to chattels
Direct intentional interference causing damage to goods of another, when plaintiffs right of possession or possession is interfered with
Conversion
A person intentionally appropriating the goods of another person for their own purpose, theft
Detinue
Wrongful possession of someone else’s goods, where person is wrongfully retaining goods
(Calculation of damages is based on a forced sale)
Citizen’s arrest
A citizen can arrest anyone whom they find committing an indictable offence or have reasonable grounds or are owner of property
Private nuisance
When a person uses property in such a way it interferes with a neighbours use or enjoyment, consequences must be reasonable foreseeable to defendant
Defamation
Must be false and published and refer to plaintiff
Libel
Written defamation
Slander
Spoken defamation
Defences to defamation
- truth
- absolute privilege (ie. government)
- qualified privilege (ie. employer making comment about employee)
- fair comment: the plaintiff invited criticism and are aware opinions might not be complimentary
Inducing breach of contract
Usually when an employer persuaded an employee of another business to leave that employment
Unlawful interference
Conduct must have been intended to cause harm and harm must have been resulted
Intimidation
If a threat forces a party into doing something that harms it-it is intimidation
Deceit
Fraudulent, intentional, misleading of another person causing damage
Conspiracy to injure
Takes place where two or more people act together using unlawful means to injure the business interactions of another
Passing off
When s business or product are presented to the public in a way that leads the public to think the product is being provided by another business
Missuss of private info
Can be business plans, customer lists, future plans and trade secrets
Privacy
Some provinces made privacy a tort, federal privacy act gives people the right to access their personal info and limit how it is distributed to others
