LAW U2 Mod1 {TORT}

WHAT IS TORT - DEFAMATION

What is a TORT?

A tort is a civil wrong that causes harm or loss to another person, for which the injured party can seek compensation (typically monetary damages) through the courts.

Which legal body is responsible for civil litigations?

The Attorney General

What are some similarities between TORT and CRIMINAL LAW

• Both address wrongful conduct - Deal with unacceptable/harmful behavior

• Both aim to deter wrongdoing - Discourage harmful behavior through consequences

• Both require proof of conduct - Must establish defendant committed the act

• Both may involve similar acts - Same conduct can be both tort and crime (e.g., assault)

• Both have standards of behavior - Establish acceptable conduct and consequences for violations

• Both consider mental state - Examine intent, recklessness, or negligence

• Both use court systems - Resolved through formal legal proceedings

• Both provide societal protection - Protect individuals and society from harm

What are some differences between TORT and CRIMINAL LAW

1. Nature of wrong - Tort: private wrong; Criminal: public wrong against society

2. Parties involved - Tort: claimant vs defendant; Criminal: state/crown vs accused

3. Purpose - Tort: compensate victim; Criminal: punish offender

4. Remedy - Tort: damages (money); Criminal: punishment (fine, imprisonment, community service)

5. Burden of proof - Tort: balance of probabilities (more likely than not); Criminal: beyond reasonable doubt

6. Who initiates - Tort: injured individual sues; Criminal: state prosecutes

7. Terminology - Tort: claimant/plaintiff, defendant, liable; Criminal: prosecution, accused/defendant, guilty

8. Standard of liability - Tort: can be liable without intent (negligence, strict liability); Criminal: usually requires intent (mens rea)

9. Outcome - Tort: defendant pays compensation; Criminal: defendant receives punishment

10. Primary goal - Tort: make victim whole; Criminal: protect society and punish wrongdoing

What are some similarities between TORT and CONTRACT

• Both are civil law - Handled in civil courts, not criminal

• Both involve private parties - Disputes between individuals/organizations

• Both seek compensation - Remedy is typically monetary damages

• Both require proof - Claimant must prove their case on balance of probabilities

• Both establish duties - Define obligations owed to others

• Both address breaches - Deal with violations of legal duties

• Both aim to restore position - Damages try to put claimant back to where they would have been

What are some differences between TORT and CONTRACT

• Source of duty - Tort: imposed by law; Contract: created by agreement between parties

• Relationship - Tort: no prior relationship needed; Contract: requires existing contractual relationship

• Consent - Tort: no consent to the wrong; Contract: parties voluntarily agree to obligations

• Type of duty - Tort: general duty to all (e.g., don't harm others); Contract: specific duty to particular party

• Scope - Tort: duties owed to society at large; Contract: duties owed only to contracting parties

• Damages - Tort: compensatory (restore to original position); Contract: expectation damages (put in position if contract performed)

• Privity - Tort: can sue without prior relationship; Contract: generally need privity of contract to sue

• Flexibility - Tort: standardized by law; Contract: parties can negotiate their own terms

What are some similarities between TORT and CONSTITUTION

• Both protect rights - Safeguard individual rights and freedoms

• Both provide remedies - Offer legal remedies when rights are violated

• Both involve courts - Enforced and interpreted through judicial system

• Both establish standards - Set standards of acceptable conduct/governance

• Both aim to prevent harm - Protect individuals from wrongful actions

• Both evolve through cases - Develop through judicial interpretation and precedent

What are some differences between TORT and CONSTITUTION

1. Nature - Tort: private civil wrongs; Constitution: supreme law of the land

2. Parties - Tort: individual vs individual/entity; Constitution: typically individual vs state/government

3. Source - Tort: common law and statutes; Constitution: fundamental written document

4. Scope - Tort: regulates private conduct; Constitution: regulates government power and protects fundamental rights

5. Remedy - Tort: damages (compensation); Constitution: declarations, injunctions, striking down laws

6. Level of importance - Tort: ordinary law; Constitution: supreme law (overrides other laws)

7. Rights protected - Tort: common law rights (person, property, reputation); Constitution: fundamental rights (speech, equality, due process)

8. Who can violate - Tort: any person/entity; Constitution: primarily government actors (state action)

9. Amendment - Tort: changed by legislature/courts; Constitution: requires special amendment process

10. Application - Tort: horizontal (between citizens); Constitution: vertical (citizen vs state)

Objectives of the law of TORT

• Compensation - Provide financial remedy to victims for harm suffered; restore them to pre-injury position

• Deterrence - Discourage individuals and organizations from engaging in harmful conduct through threat of liability

• Vindication of rights - Recognize and uphold legal rights; affirm that victim's rights were violated

• Justice - Ensure fairness by holding wrongdoers accountable for their actions

• Loss distribution - Spread losses across society (e.g., through insurance) rather than leaving burden on victim alone

• Punishment (limited)** - In some cases (exemplary/punitive damages), punish particularly egregious conduct

• Prevention - Encourage safer practices and reduce future harm through liability standards

• Allocation of risk - Determine who should bear the cost of accidents and injuries in society

• Social protection - Protect individuals from unreasonable interference with their persons, property, and rights

• Efficiency - Promote economic efficiency by making those who cause harm internalize the costs

What are some types of TORT?

Types of Tort 1. Intentional Torts

Deliberate harmful actions where defendant intended the act:

• Assault and battery

• False imprisonment

• Trespass to land

• Trespass to goods/chattels

• Conversion

• Defamation (libel and slander)

• Intentional infliction of emotional distress

• Fraud/deceit

2. Negligence

Unintentional harm caused by failure to exercise reasonable care:

• Medical malpractice

• Car accidents

• Occupier's liability

• Professional negligence

• Product negligence

3. Strict Liability Torts

Liability imposed regardless of fault, intent, or negligence:

• Product liability (defective products)

• Abnormally dangerous activities

• Liability for animals (dangerous animals)

• Rylands v Fletcher (escape of dangerous things from land)

What is Assault?

Assault is an intentional tort where the defendant causes the claimant to apprehend (fear or expect) immediate and unlawful physical contact or harm.

What are some cases under ASSAULT TORT?

Stephens v Myers (1830)

Defendant moved toward claimant with clenched fist during meeting; stopped before reaching him. Held: Assault occurred - apprehension of immediate contact was sufficient.

Read v Coker (1853)

Defendant and his workers surrounded claimant, rolled up their sleeves, and threatened to break his neck if he didn't leave. Held: Assault - actions and words together created apprehension of immediate violence.

Tuberville v Savage (1669)

Defendant placed hand on sword and said "If it were not assize time, I would not take such language from you." Held: No assault - words indicated he would NOT use violence, negating the threat.

R v Ireland; R v Burstow (1998)

Silent phone calls case. Held: Silence can constitute assault if it causes victim to apprehend immediate unlawful violence (primarily criminal case but relevant to tort).

R v Constanza (1997)

Stalking case with letters. Held: Fear of violence "at some time not excluding the immediate future" can suffice for assault (criminal case, tort principles similar).

What are some compensation to compensatory violations?

Damages

Injunction (Stop order)

Cease and Desist order

What are Damages, Stop order and Injunction, Cease and Desis?

Legal remedies for harm or injury.

What is BATTERY?

Battery is an intentional tort involving the direct and intentional application of unlawful force to another person, resulting in harmful or offensive contact.

Which case established that the least touching of another constitutes the act of battery?

The case of Cole v. Turner established that even the slightest touching can be considered battery, emphasizing the importance of consent in personal conduct.

What is False Imprisonment?

False imprisonment is an intentional tort involving the complete and unlawful restriction of a person's freedom of movement without lawful justification.

What is a successful case under False Imprisonment? 

McCann v Walmart Stores,Inc 2000 215 F.3d 51(1st Cir)

What is MALICIOUS PROSECUTION?

Malicious prosecution is a legal claim (a tort) that allows someone to sue another person who wrongfully initiated criminal or civil proceedings against them without probable cause and with malice.

Malicious prosecution is a tortuous violation where through the action of one party causes another’s reputation to be severely impacted. Seeing that false accusation would have been brought against them.

What are some elements that allows a malicious prosecution claim to stand?

1. Initiation or continuation of criminal proceedings

• The defendant must have initiated, procured, or continued a criminal prosecution against the plaintiff

2. Termination in plaintiff's favour

• The criminal case must have ended favourably for the accused

• Examples: dismissal, acquittal, charges dropped

3. Lack of probable cause

• The defendant lacked reasonable grounds to believe the plaintiff committed the crime

4. Malice (improper purpose)

• The prosecution was initiated with malice or for an improper purpose

5. Damages

• The plaintiff suffered actual damages as a result

• Can include: legal fees, harm to reputation, emotional distress, loss of liberty

What are some Contrasts between False Imprisonment and Malicious Prosecution?

CONTRAST BETWEEN FALSE IMPRISONMENT AND MALICIOUS PROSECUTION

1. For Malicious prosecution the burden is on the plaintiff to prove that he or she has been maliciously prosecuted whilst, The burden is on the accused for false imprisonment

2. ⁠ For Malicious prosecution there must be proof of damage, but for false imprisonment it is actionable per se (without proof of damage)

3. For the claimant to be successful under malicious prosecution there must be an acquittal whilst with false imprisonment the claimant is free to bring a claim, even ignorance.

What are some defences for trespass against the person?

1. Volenti non fit injuria

2. Parental Consent/Authority

3. Necessity (In the context of criminal law necessity is not allowed but in tort it is a defence)

4. Lawful Arrest

5. Self Defence

What is DEFAMATION?

Defamation is a tort that protects a person's reputation from false statements that harm their standing in the community. It occurs when someone makes a false statement about another person that damages their reputation.

What are Inuendos’s?

In the context of defamation law, an innuendo is a statement that appears innocent or harmless on its face, but carries a defamatory meaning when understood in light of additional facts or circumstances known to the audience.

What does defamation “actionable per se” mean?

Defamation is actionable per se (meaning damages are presumed without proof of actual harm)

How do you successfully claim Defamation?

• Refer to the Plaintiff

• The Statement Name must be Published

• The Statement must be Defamatory

What are some defences for defamation?

• Truth/Justification

• Absolute privilege

• Qualified privilege

• Fair Comment/Honest Opinion

• Consent

• Innocent Dissemination

What is the objective for defamation?

• The expression of freedom of speech must be used responsibility as to not defame someone

• Provide effective and fair remedy for the victim

What are the two classifications for defamation?

1. Libel - defamation in permanent form:

• Written statements

• Published articles, books, letters

• Broadcasts, recordings

• Online posts, emails, social media

• Generally considered more serious

2. Slander - defamation in temporary/transient form:

• Spoken words

• Gestures

• Temporary displays

• Generally requires proof of actual damage (with some exceptions)

Under what conditions are Slander “actionable per se?”

• If you speak badly on someone’s job

• If you accused someone of having a criminal nature

• If you speak of some one having a disease

• If you accuse someone of being an adulterer (mainly women)

What is Class Defamation?

Class defamation (also called group defamation) refers to a defamatory statement made about a group or class of people rather than a specific individual.

How can the claimant be successful in Class Defamation?

It is good to be specific so the smaller the class the more successful but the wider the class the less successful.

What is Online Defamation?

Online defamation (also called cyber defamation or internet defamation) is defamation that occurs through digital platforms and the internet.