Chapter 4: Intentional Torts and Torts Impacting Business

What is a tort?

A civil wrong that causes harm to another person, giving the victim the right to sue for remedies like general, special, or punitive damages. Unlike crimes, torts are private matters.

How does a tort differ from a crime?

A crime affects society and is prosecuted by the state to punish the wrongdoer, while a tort affects an individual and allows the victim to seek compensation.

What is the difference between assault and battery?

Assault: Threat or action causing fear of imminent unwanted contact.

Battery: Intentional physical contact without consent.

How do doctors avoid liability for battery?

By obtaining informed consent from the patient, ensuring the patient understands the procedure and risks, and not exceeding the scope of consent.

What are the limitations on the right of self-defence?

Only reasonable force can be used; excessive force or retaliation after the threat ends is not allowed.

When may battery be justified?

With consent (e.g., sports, medical treatment)

In self-defence or defence of others

When authorized by law (e.g., police arrest)

What elements make someone a trespasser?

Unauthorized entry onto land

Entry is intentional, even if unaware

Trespass can be direct or indirect (e.g., leaving objects, erecting signs)

What can a business do about an unruly patron?

Ask them to leave, call security, and avoid employees directly using physical restraint.

What is trespass to chattels?

Direct, intentional interference with someone’s possession of personal property.

What is conversion?

Intentionally taking, using, or destroying someone else's property, depriving them of ownership.

What is detinue?

Wrongful retention of property that was lawfully obtained but not returned after a proper request.

What forms can false imprisonment take?

Confinement, arrest, or submission to authority without lawful justification.

What must be proven to succeed in a false imprisonment claim?

Complete restraint of movement

Restraint was unlawful

How is malice established in malicious prosecution?

By showing ill will, improper motive, or proceeding without reasonable evidence.

What is libel?

Written or permanent defamation; easier to prove because special damages aren't required.

What is slander?

Spoken defamation; usually requires proof of actual damage unless slander per se.

What is innuendo in defamation?

An implied or hidden meaning that harms someone's reputation.

What is qualified privilege?

Protection for statements made in certain contexts (e.g., employment references) without malice and to those with a right to know.

How does injurious falsehood differ from defamation?

Injurious falsehood targets business, property, or products rather than a person’s reputation.

What is deceit?

Intentional misrepresentation that causes another person to suffer loss.

What is inducing breach of contract?

Persuading someone to intentionally break a contract, knowing about it, often to benefit oneself or one’s business.

How does the unlawful means tort differ from inducing breach of contract?

It causes economic harm using illegal actions against a third party, whether or not a contract is breached.

What is the difference between conspiracy and intimidation?

Conspiracy: Two or more act together to harm someone’s business or interests.

Intimidation: Threat of illegal act to force someone to act against their own interests.

What remedies exist for misuse of confidential information?

Injunctions, damages, or account of profits.

Which statutes protect privacy in the technological age?

Privacy laws such as PIPEDA, and laws regulating electronic communications, data breaches, and monitoring.

How do courts determine jurisdiction over internet defamation?

By considering where the harm occurred, where the content was published or accessed, and the audience reach.