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
what is trespass to chattels?
chattels = personal property
deliberate interference with plaintiff’s personal property or possessions
without plaintiff’s permission or consent and without lawful right
what is conversion?
intentionally appropriating (asserting ownership or possession) of the property of another
- requires trespass to chattels
- stealing, wrongfully selling, obtaining through fraud
what is detinue?
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
what is trespass to land?
- 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.
what is not necessary in trespass to land?
damage.
what may be used to try and eject the trespasser?
reasonable force.
- must allow them opportunity to leave first though
what is occupier’s liability?
the occupier (party in control of property) has a duty to make sure their property is safe.
is there occupiers liability to trespassers?
yes. minimal duty - no traps or deliberate harm is allowed.
occupiers liability for minors?
greater duty if the trespasser is a minor.
what is private nuisance?
- unusual use of property
- causing interference with neighbour’s use of their property (ongoing + continuous interference)
- results in forseeable injury or harm
what is strict liability?
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.
what is false imprisonment?
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
what is citizen’s arrest?
made if one has seen another commit an indictable offence.
what is defamation?
injury to one’s reputation (libel - written or slander -spoken)
in a false statement, published, detrimental.
statements may contain innuendo that is defamatory
defences to defamation?
- truth (justification) statements are true
- absolute privilege: statements made in forums where complete openness is necessary
- qualified privilege: statement made out of a sense of duty (for those who have a right to know, without malice or knowledge of falsehood)
- fair comment: often used by the press; without malice or unjust motive.
does tort law protect privacy?
breach of privacy is not recognized as a tort by common law
- statute law enacted to protect privacy
what 4 statutes provide privacy protection?
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.
