Intentional Torts

Torts

Torts

A wrongful act done to a person or property of another which is actionable in law.

Object of Tort Law

Place injured party back in position they would’ve been in had tortious act not happened

Strict Liability Torts

Situation where you are liable if wrongful act occurs regardless of if they were at fault

Examples of Strict Liability Torts

1. Dog Owner’s Liability Act

2. Nuisance

Public Nuisance

Interference with the lawful use of public property

Private Nuisance

Interference with an occupiers use and enjoyment of their land

Intentional Tort

Harm must be caused + intention to do all necessary elements of the tort

Types of Intentional Torts

1. Assault

2. Battery

3. Trespass

4. Intentional Infliction of Mental Distress

5. False Imprisonment

6. Malicious Prosecution

7. Defemation

Assault

Definition:

Utterance of threat, causing harm against a person/group

Elements:

1. Intentional

2. Uttering a threat

3. Likely to cause harm

4. Against a person/group

Battery

Definition:

Touching someone without consent

Elements:

1. Intentional

2. Unlawful force applied

3. Without consent

Trespass

Definition:

Act of entering someone’s land without consent

Elements:

1. Intentional

2. Property was entered

3. Without consent

Intentional Infliction of Mental Distress

Definition:

Recognizable physical and psychological harm inflicted on the plaintiff

Elements:

1. Defendant’s conduct was intentional

2. Defendant’s conduct was flagrant and outrageous

3. Defendant’s conduct caused plaintiff to suffer visible illness

False Imprisonment

Definition:

Intentionally unlawfully restraining/confining another person without legal justification

Elements:

1. Intentional

2. Confinement was against person’s will

3. Without legal justification

Malicious Prosecution

Definition:

Reporting an individual to the police without reason to believe they’ve committed a crime

Elements:

1. Proceeding must be initiated by defendant

   1. Did they knowingly withhold information

   2. Did there entail undermine the independence of the investigation?

   3. Did they communicate in a manner to intentionally mislead officers to avoid an independent investigation

2. Terminated in favour of plaintiff

3. Undertaken without reasonable cause

4. Motivated by malice or primary purpose

Defemation

Definition:

Making untrue statements that harms the reputation of another; limitation of free speech

Elements:

1. Material is defamatory

2. Refers to plaintiff

3. Material is communicated/published to at least one person

Slander

Spoken defamation

Libel

Written defamation

Defences to Defamation

1. Statement was true

2. Qualified or absolute privilege

3. Responsible Communication

4. Public Apology

Defences to Intentional Torts

1. Consent

2. Self-Defence

3. Necessity

4. Involuntariness

5. Incapacity

Consent

If the injured party consented to the act that caused harm there is no tort

Self-Defence

Party claiming self-defence needs to prove that it was necessary

Necessity

There was no other option but to commit the tort

Involuntariness

All intentional torts must be voluntary

Incapacity

All intentional torts require mental capacity to form intent