Chapter 4 Flashcards
What is a tort?
A social or civil wrong that gives rise to the right to sue and seek one of several remedies
When is a tort committed?
When one person causes injury to another, harming their person, property, or reputation.
What is the purpose of tort law?
To;
I.) Compensate victims
II.) Act as a deterrent
III.) Educate society
What is the difference between a crime and a tort?
A crime is said to be a social wrong that will affect society as a whole.
I.) Punishment is carried out by the state
II.) The result is to punish the wrongdoer
III.) Torts are a private matter
Why are there sometimes different rulings for crimes and torts for the same act?
Torts are often easier to successfully sue for, do to the standard of proof being a balance of probabilities, rather then beyond reasonable doubt.
What are the types of torts?
I.) Intentional - compensates a plaintiff for something done to them with a level of intent
II.) Negligence - the tortfeasor did not intend to cause harm, but failed to act reasonably, therefore resulting in harm
III.) Strict liability - the tortfeasor neither intended to do harm, or was negligent, yet legislation imposes immediate liability
What are the standard remedies for a tort?
To make the plaintiff whole, and as close as possible to a pre-injury position.
May include
General damages
Special damages
Punitive damages
What is Vicarious Liability?
Liability without personal fault
Test
Plaintiff must show tort was committed
Plaintiff has to show defendant was an employee
Plaintiff has to show that the tort was committed in course of employment
What is an intentional tort?
When the conduct was intended or deliberate as opposed to inadvertent.
What are the types of trespass to person?
Assault and battery
What is assault?
An intent to cause a reasonable apprehension of immediate offensive contact. Physical contact is NOT necessary.
Test:
Would a reasonable person feel threatened with imminent harm or unwanted contact as a result of the defendants conduct
What is battery?
Making intentional and unwanted contact with another person. Intent to harm is NOT required.
What are the defences to assault and battery?
Consent - Informed and voluntary
Self defence - necessary force must be reasonable (and not unrestrained violence) to defend self or eject trespasser
Test:
A threat of unlawful force or harm against them
A real honest perceived fear or harm to themselves
No harm or provocation on their part
No reasonable chance of retreating or escaping the situation
What is the tort of harassment?
In a recent ruling the AB government recognized harassment.
Test:
D engaged in repeated communications, threats, insults, stalking, or other behaviours
D ought to have known the behaviour was unwelcome
Behaviour impugned the dignity of the plaintiff
The behaviour caused harm
What is Trespass to Land?
Being on another’s land without a lawful right or the owners permission.
Ignorance is not a defence, and permission is implied for those acting in a professional capacity or for business offering public services.
What are the three types of wrongful interference with goods?
1.) Trespass to Chattels: the plaintiff has possession that is interfered with physically by the defendant. Such as vandalism.
2.) Conversion: one person appropriating the goods of another for their own purposes. Such as theft.
3.) Detinue: where a person is wrongfully retaining goods, calculation of damages essentially amounts to a forced sale of goods.
What is the tort of false imprisonment?
The unlawful and intentional restraint of persons against their will.
What is the defence to false imprisonment?
Citizens arrest, restraint may be justified if persons have done something for which they may be arrested:
-Must be the owner of the property, or authorized by the owner.
-Defendant must be in the act of commuting a crime or signing a reasonable time period.
-Use reasonable force.
-Deliver the individual to a police officer without delay.
What is malicious prosecution?
It is a tort available to those who are victims of an improper use of the criminal justice system.
