intention Torts - definitions

Tort - definition

Wrongful Act for which the courts direct compensation to be paid to the victim

Role of Tort Law

To compensate victims for harm suffered at the hands of others

Tortfeaser

Perpetrator in a tort case

Special damages

Awarded to cover expenses that have been incurred or specific calculable pre-trail losses.

• things you can put a specific monetary value on

• Can be proved with recepts

General Damages

Incurred when it is not possible to place an actual value on the loss

• Can’t really put a specific monetary value on,

• Look at past or precedent cases for reference

Punitive Damages

Rare, compensate the victim for intangible injuries such as distress or humiliation

• Tortfeaser did something so bad that extra damages are tact on to other damages, to damage the tortfeaser more than usual

Fault

Change in Tort Law

• 1800 when people sued for tort law, they could only sue for intentional torts, now days you can sue for accidental Torts and unintentional torts are the most common.

• BROADEND

Causation

Change in Tort Law:

Courts have moved from a broad test to a narrower test.

A defendant may avoid liability for injuries he physically caused if it is shown the injury was too remote to be foreseeable.

NARROWED

Compensable injury

Change in Tort Law:

People used to be only able to sue for bodily or physical injury.

Now people can sue for anything from emotional to property injury.

BROADEND

Appropriate compensation

IF someone suffers a loss, the innocent victim should be compensated. However the damages should not be so excessive that people are afraid.

• United States = very large and excessive

• Canada = less then USA

Vicarious Liability

Being liable for someone ELSES wrongdoing

(An employer may be held liable for the torts committed by its employees while on the job)

Intentional Torts

Intentional Physical interference with another

“Trespass to the person”

(Assault and Battery)

Battery

Deliberate physical contact without consent

Assault

Deliberate threat of contact

Defences to Battery

absolves all liability:

• Consent

• Self-defence

Lessons liability:

• provocation

Defense of provocation

Regarding a battery case: “you shouldn’t have responded the way that you did, but the court understands as you may have been provoked in some way”

Chattels

Personal property

Emergency doctrine

If a patient cannot consent and if immediate treatment is required to preserve life or preserve health then it is implied that the patient would consent if he could

Trespass to Chattels

1. Deliberate interference with plaintiffs personal property or possessions, without their consent.

2. Without plaintiffs permission or consent and without lawful right “Don’t touch my stuff”

Conversion

Stealing another’s property and selling it

(Borrowing someone’s things without concent)

Destinue

Wrongfully detained the property of another

Keeping a property after being asked to return it

Trespass to Land

Deliberately being on another’s property without permission or lawful right.

• no damage required

• If you were asked to leave by someone and refused to leave this tort may also occur

• Must be given a reasonable opportunity to leave

Occupiers Liability

If a trespasser sneaks onto your property and gets hurt you may be liable.

• deliberate traps

• Trasspasser is a minor

If you are a occupier of a property and not an owner, you still count as the occupier.

Private Nuisance

When you’re doing something on your property that might be annoying someone on someone’s else’s property.

• can cause interference with neighbours use of property.

• Could result in foreseeable injury or harm

Strict Liability

Liable even if no fault exists

(Perpetrator could be found at fault even if there’s no intent to harm)

False Imprisonment

Holding someone deliberately against their will so they feel like they have to stay in place.

(Make someone feel like they have to stay somewhere even without holding them down still counts)

Defamation

Injury to ones reputation.

Must follow all criteria:

• False statement

• Published/comunicated to a third party

• Detrimental and derogatory to ones reprutation

Defences for Defamation

• Truth

• Absolute Privilege

• Qualified Privilege

• Fair Comment

• Parody

Absolute Privilege

Statements made in forums where complete openness is necessary (courtroom, parliament, legislature)

Qualified Privilege

Statements made out of a sense of duty.

Making a statement without malice to someone who you thought had the right to know

Fair Comment

Comments made by the press regarding public figures.

Personal Information Protection Act (PIPA)

Provincial.

Protects private information to be used from NON government agencies.

Access to Information Act (ATIA) and Protection of Privacy Act (POPA)

Provincial.

Protects private information to be used by our governments, boards or departments from abusing our private information.

Privacy Act

Federal.

Protects our private information from our Federal Government. (Canada revenue industry, employment insurance, etc)

Personal Information Protection and Electronic Documents Act (PIPEDA)

Federal

Protects our private information from NON government acting at a federal level (Canada Post, Air Canada)