chapter 1: intentional torts

tort

to carry out an action that is wrong. different to criminal wrong

vicarious liability

the responsibility of the employer to compensate for harm caused by employees in the normal course of their employment

what are the two types of torts

intentional and unintentional torts

intentional torts

acts that are committed on purpose and for which law provides a remedy - assault, malicious prosecution, false arrest, false imprisonment and defamation

unintentional torts

when someone acts irresponsibly, without premeditation and causes unintentional harm to someone or their property; also called the tort of negligence eg include: when a doctor is practising on a patient and causes injury

property is divided into which two general classes?

real estate - including land; and personal property - tangible and touchable property and intangible property

legal docs may refer to goods as what?

chattels

immovable property is otherwise known as what in common parlance?

land

personal property is otherwise known as

movable property

what are the three elements of false imprisonment?

- a deprivation of liberty

- against the will of the person detained

- caused by the defendant

what can deprivation of liberty look like?

physical restraint, threat of physical restraint, threat of humiliation

which four criteria must be met for a successful action of malicious prosecution to be passed?

- criminal charges were laid

- those charges were later dismissed or withdrawn

- there were no reasonable or probable grounds for bringing the charges

- there was malice or an improper motive for laying the charges

malicious prosecution

causing a person to prosecuted for a crime without an honest belief that the crime had been committed

which prosecution is the hardest to pass successfully?

malicious

how do false arrest and malicious prosecution differ?

false arrest is restraining the liberty of an individual; mp is knowingly providing false information so that the plaintiff is arrested, but charges get dropped later

trespass

entry onto property of another without owner's permission; also applies if you've been asked to leave and don't. minor criminal matter dealt with in a fine

control of business premises: what can you tell me about the rights of business owners?

- businesses that deal w the public, give public permission to enter to transact business

- can revoke permission without reason, within confines of basic human rights. revocation: withdraws offer of entry before individual can accept, and is communicated making the customer a trespasser

- a business can use force to eject trespasser when a request to leave is unheeded.

trespass to goods

intentional interference that causes damage or interferes with another's goods eg. break another's windows

conversion

similar to theft; unauthorized use of the goods of someone else

the property might come into an individuals possession by the permission of the owner, but the recipient refuses to return it

or

the property might be obtained by false pretences, such as when a customer pays using a bad cheque.

types of conversion

what is the only remedy for conversion?

damages

detinue

a person legally comes into possession of an item, but detains it and REFUSES to return to owner. owner has the choice of an order for return of goods or damages

tort of nuisance

use by one landowner that substantially and unreasonably interferes with another occupier's ordinary use of the land, but does not include every interference. courts will look at the nature of the area, the severity and duration of the nuisance and plaintiff's sensitivity. harm must be substantial and unreasonable. not marked by the conduct of the defendant but the level of harm their actions cause

public nuisance

government can sue for nuisance that affects public property ie oil spill. actions that endanger public health, safety morality comfort or welfare.

what are the remedies for nuisance

injuction to stop the nusiace from continuing or remedial action to limit the nuisance such as structural changes to reduce loud noises or bad smells

when does picketing become a tort of nuisance?

when it is directed against certain individuals homes, where they eat, hotels motels where they stay- where it is an invasion of privacy and a tool of intimidation

assault

the threat to do harm to another person

battery

physical contact with a person without consent; even docs performing on patient's without their consent; victims of rape, sexual assault and kissing without consent

informed consent

person must give consent AND be aware or informed of all significant risks, if they are not aware, then their consent is not an informed one so it is not valid consent

self defence

in response to assault or battery with as much force as is reasonable in the circumstances. must prove genuine fear of injury at the hand of the defendant

intrusion upon seclusion

intentionally intrude upon the seclusion or private affairs of another an it would be highly offensive to a reasonable person; applies to access to financial/health records; sexual practices, employment, diary or private correspondence. four conditions must be met to be successful

defamation

making an untrue statement that causes injury to the reputation of an individual or business, including libel and slander. statement must be published or communicated to a third party

libel

division of defamation - in which the harmful statement is written or broadcast

slander

division of defamation - the harmful statement is spoken

innocent dissemination

An individual who is in the business of distribution might well be unaware of the contents of a defamatory publication.

absolute negligence

complete immunity from liability for defamation, whereby the defamatory statement cannot be the grounds for a lawsuit

qualified privilege

immunity from liability for defamation when the statement is made in good faith to a person or body which has authority over the person defamed. individual cannot sue; however may have a claim if statement was malicious or served an improper purpose

fair comment

a defence to an action for defamation in which the harmful statements were made about public figures; offers an opinion not true fact. often used by media

injurious falsehood/product defamation/ trade slander

deliberate harm to the reputation of products and services

passing off

intentional business tort: knock-offs or imitations involving misleading consumers

inducing breach of contract

often occurs when a company persuades another company or person that it knows has contact with a third part, to break that contract with the third part and they do, causing harm to the third party

elements of intrusion upon seclusion

- the defendant's conduct was intentional or reckless

- the defendant invaded, without lawful justification, the plaintiff's private affairs and concerns

- a reasonable person would regard the invasion as highly offensive, causing the plaintiff distress, humiliation or anguish

publicity placing a person in false light

the false light in which the plaintiff was placed would be highly offensive to a reasonable person the defendant had knowledge of, or acted in reckless disregard as to, the falsity of the publicized matter

what are the defences of defamation

- innocent dissemination

- truth

- aboslute and qualified privilege

- fair comment

- public interest responsible communication