Intentional Torts Flashcards
what is a tort?
wrongful act
(civil or social wrong) for which the courts direct compensation to be paid to the victim
– gives you the right to sue the perpetrator for compensation
how is a tort distinguishable from a crime?
crime = defined by cc, crime committed against society as a whole
tort: may overlap with crime, but generally committed against an individual
aims of criminal law vs tort law?
criminal: punish offender, deter from re-offending
tort law: compensate the victim
who is tortfeasor - role?
tortfeasor is perpetrator.
- if liable, pays compensatory damages to the victim.
how does tort law change behaviour?
through the threat of liability changes behaviour
3 types of damages?
special damages
general damages
punitive damages
what are special damages?
awarded to cover expenses that have been incurred, calculable pre-trial losses = out of pocket.
what are general damages?
are incurred when it is not possible to place an actual value on the loss
- pay for intangible things, estimate of the compensation for what’s been effected
what are punitive damages
awarded to punish the tortfeasor and are often rooted in social policy.
since punitive damages punish the wrongdoer, rather than compensate the victim, they are rarely awarded
- instead, court may award punitive or aggravated damages which compensate the victim for intangible injured.
tort action requires 3 things?
- fault
- causation
- compensable injury
role of fault in tort action?
intentional and deliberate conduct
– courts broadened this requirement over time to include unintentional but careless conduct
role of causation in tort action?
defendant may avoid liability for injuries he physically caused if it is shown to be too remote to be foreseeable
- courts moved from broad test (direct causation test) to a narrower test (remoteness test)
role of compensable injury in tort law?
bodily or physical injuries were required; now the courts recognize economic losses, emotional distress, nervous shock
– courts broadened the types of injuries deemed compensable.
how courts changed the 3 elements of tort law?
broadened fault to include unintentional
narrowed causation to exclude causing unforseeable injury/too remote
broadened type of injury to include physical, bodily, economic, mental, emotional
how do courts decide how much compensation is appropriate?
- courts balance two competing interests:
- desire to compensate innocent victims
- desire to avoid inhibiting beneficial conduct
scc upper limit?
pain, suffering nd loss of enjoyment of life
~$325,000
what is vicarious liability?
employer may be held liable for the torts committed by its employees while on the job
- plaintiff recovers from the party who financially benefits from the work of the employee
- employer may still be able to turn to its employee
what is trespass to the person?
intentional physical interference with another
- 2 forms: battery, assault
battery
deliberate physical contact; without consent
assault
deliberate threat of contact (no actual contact required); feal fear created of unwanted physical contact
is battery a criminal act under the criminal code?
no it’s considered assault.
what are the defences to battery?
CONSENT - informed consent required.
- sports dont count because voluntarily agreed to participate knowing the risks of the game.
SELF-DEFENCE: reasonable force to repel attack
Mcmillan v Hincks = trespass to person
plaintiff owed money, went to give money, but attacked defendent, defendant used self defence
emergency doctrine of touching patient without their consent?
IF a patient cannot consent & IF IMMEDIATE treatment is required to preserve LIFE or preserve HEALTH then it is IMPLIED that the patient would consent if they could
