12. Other Torts + 5. Contracts

absolute privilege

A defence to defamation in relation to parliamentary or judicial proceedings.

assault

Threat of imminent physical harm by disturbing someone’s sense of security.

battery

Intentional infliction of harmful or offensive physical contact.

contractual entrant

Any person who has paid (contracted) for the right to enter the premises.

deceit or fraud

A false representation intentionally or recklessly made by one person to another that causes damage.

defamation

The public utterance of a false statement of fact or opinion that harms another’s reputation.

fair comment

A defence to defamation that is established when the plaintiff cannot show malice and the defendant can show that the comment concerned a matter of public interest, was factually based, and expressed a view that could honestly be held by anyone.

false imprisonment

Unlawful detention or physical restraint or coercion by psychological means.

injurious or malicious falsehood

A statement about another's goods or services that is false and harmful to the reputation of those goods or services. 

interference with contractual relations

nducing someone to break a contractual obligation owed to another.

intrusion upon seclusion

Intentional, offensive invasion of another’s personal affairs without lawful justification.

invitee

Any person who comes onto the property to provide the occupier with a benefit.

justification

A defence to defamation based on the defamatory statement being substantially true.

legal authority

The authority by law to detain under section 494 of the Criminal Code.

licensee

Someone who has been permitted by the occupier to enter for the benefit of the licensee.

nuisance

Any activity on an occupier’s property that unreasonably and substantially interferes with the neighbour’s rights to enjoyment of the neighbour’s own property.

occupier

Someone who has some degree of control over land or buildings on that land.

passing off

Presenting another’s goods or services as one’s own.

qualified privilege

A defence to defamation based on the defamatory statement being relevant, without malice, and communicated only to a party who has a legitimate interest in receiving it.

responsible communication on matters of public interest

Defence that applies where some facts are incorrectly reported but (1) the publication is on a matter of “public interest”; and (2) the publisher was diligent in trying to verify the allegation.

trespass to land

Wrongful interference with someone’s possession of land.

trespasser

Any person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier.

objective standard test

A test based on how a “reasonable person” would view the matter.

equal bargaining power

The legal assumption that parties to a contract are able to look out for their own interests.

contract

An agreement between two parties that is enforceable in a court of law.