Intentional Torts

Question 1

what is a tort?

Answer 1

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

Question 2

how is a tort distinguishable from a crime?

Answer 2

crime = defined by cc, crime committed against society as a whole

tort: may overlap with crime, but generally committed against an individual

Question 3

aims of criminal law vs tort law?

Answer 3

criminal: punish offender, deter from re-offending

tort law: compensate the victim

Question 4

who is tortfeasor - role?

Answer 4

tortfeasor is perpetrator.

- if liable, pays compensatory damages to the victim.

Question 5

how does tort law change behaviour?

Answer 5

through the threat of liability changes behaviour

Question 6

3 types of damages?

Answer 6

special damages
general damages
punitive damages

Question 7

what are special damages?

Answer 7

awarded to cover expenses that have been incurred, calculable pre-trial losses = out of pocket.

Question 8

what are general damages?

Answer 8

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

Question 9

what are punitive damages

Answer 9

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.

Question 10

tort action requires 3 things?

Answer 10

1. fault
2. causation
3. compensable injury

Question 11

role of fault in tort action?

Answer 11

intentional and deliberate conduct

– courts broadened this requirement over time to include unintentional but careless conduct

Question 12

role of causation in tort action?

Answer 12

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)

Question 13

role of compensable injury in tort law?

Answer 13

bodily or physical injuries were required; now the courts recognize economic losses, emotional distress, nervous shock
– courts broadened the types of injuries deemed compensable.

Question 14

how courts changed the 3 elements of tort law?

Answer 14

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

Question 15

how do courts decide how much compensation is appropriate?

Answer 15

• courts balance two competing interests:
• • desire to compensate innocent victims
• • desire to avoid inhibiting beneficial conduct

Question 16

scc upper limit?

Answer 16

pain, suffering nd loss of enjoyment of life

~$325,000

Question 17

what is vicarious liability?

Answer 17

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

Question 18

what is trespass to the person?

Answer 18

intentional physical interference with another

- 2 forms: battery, assault

Question 19

battery

Answer 19

deliberate physical contact; without consent

Question 20

assault

Answer 20

deliberate threat of contact (no actual contact required); feal fear created of unwanted physical contact

Question 21

is battery a criminal act under the criminal code?

Answer 21

no it’s considered assault.

Question 22

what are the defences to battery?

Answer 22

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

Question 23

Mcmillan v Hincks = trespass to person

Answer 23

plaintiff owed money, went to give money, but attacked defendent, defendant used self defence

Question 24

emergency doctrine of touching patient without their consent?

Answer 24

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

Question 25

what is trespass to chattels?

Answer 25

chattels = personal property

deliberate interference with plaintiff’s personal property or possessions

without plaintiff’s permission or consent and without lawful right

Question 26

what is conversion?

Answer 26

intentionally appropriating (asserting ownership or possession) of the property of another

• requires trespass to chattels
• stealing, wrongfully selling, obtaining through fraud

Question 27

what is detinue?

Answer 27

wrongful detention of the property of another

• retaining another’s property after being asked to return it
• tortfeasor may have come into possession with the owner’s permission, but now refuses to deliver the property

Question 28

what is trespass to land?

Answer 28

1. deliberately being on another’s property
   OR 2. there without permission or lawful right
   OR 3. trespass if initially invited but refuse to leave when asked to.

Question 29

what is not necessary in trespass to land?

Answer 29

damage.

Question 30

what may be used to try and eject the trespasser?

Answer 30

reasonable force.

- must allow them opportunity to leave first though

Question 31

what is occupier’s liability?

Answer 31

the occupier (party in control of property) has a duty to make sure their property is safe.

Question 32

is there occupiers liability to trespassers?

Answer 32

yes. minimal duty - no traps or deliberate harm is allowed.

Question 33

occupiers liability for minors?

Answer 33

greater duty if the trespasser is a minor.

Question 34

what is private nuisance?

Answer 34

1. unusual use of property
2. causing interference with neighbour’s use of their property (ongoing + continuous interference)
3. results in forseeable injury or harm

Question 35

what is strict liability?

Answer 35

liable even if no fault exists

• no negligence, no intent to harm involved.
• liabile just because injury was caused as a result of one’s actions.. precautions can decrease the effect, but irrelevant - it caused harm, so you’re liable.

Question 36

what is false imprisonment?

Answer 36

false = unlawful or without authority

imprisonment: holding someone, deliberately or intentionally, against their will

• • plaintiff felt compelled to stay
• • includes false arrest : unlawfully restraining someone

Question 37

what is citizen’s arrest?

Answer 37

made if one has seen another commit an indictable offence.

Question 38

what is defamation?

Answer 38

injury to one’s reputation (libel - written or slander -spoken)
in a false statement, published, detrimental.

statements may contain innuendo that is defamatory

Question 39

defences to defamation?

Answer 39

1. truth (justification) statements are true
2. absolute privilege: statements made in forums where complete openness is necessary
3. qualified privilege: statement made out of a sense of duty (for those who have a right to know, without malice or knowledge of falsehood)
4. fair comment: often used by the press; without malice or unjust motive.

Question 40

does tort law protect privacy?

Answer 40

breach of privacy is not recognized as a tort by common law

- statute law enacted to protect privacy

Question 41

what 4 statutes provide privacy protection?

Answer 41

Provincial:

• Freedom of Information and Protection of Privacy Act: governs collection, use, disclosure of personal info by public bodies
• Personal Information Protection Act: protect from non-govt organizations in Alberta

Federal:
- Privacy Act: governs the collection, use, disclosure of personal information about individuals by federal government institutions

• Personal Information Protection and Electronic Documents Act: protect from non-government organizations.