Lecture 4-Torts

What is a Tort? A civil wrong (other than a breach of contract) committed against a person or their property, which breaches a legal duty imposed by law independently of agreement, giving the injured party the right to sue for compensatory damages.

What is the difference between Assault and Battery in intentional torts? 1) Battery: Intentional, unauthorized, and harmful or offensive physical contact with another person. 2) Assault: The intentional creation in another person of a reasonable apprehension of imminent physical harm (the threat or fear of battery, even if no actual physical contact occurs).

What are the primary defenses available against intentional torts to the person? 1) Self-Defence: Using reasonable force necessary to defend oneself from attack. 2) Defence of Property: Using reasonable, non-excessive force to protect real or personal property. 3) Consent: Voluntary agreement to the physical contact (e.g., participating in contact sports within the rules).

What is False Imprisonment? The intentional, unlawful restraint of a person's physical liberty or freedom of movement within a bounded area without lawful justification or authority (frequently arises in shoplifting detentions by merchants).

What is Defamation (Libel vs. Slander)? The intentional publication of a false statement that lowers a person's reputation in the eyes of a reasonable person. 1) Libel: Defamation in a permanent, recorded form (written, print, broadcast, or internet). 2) Slander: Defamation in a transient form (spoken words or gestures). Defenses include Truth (Justification), Fair Comment, and Qualified Privilege.

What are Intentional Business Torts (e.g., Slander of Goods, Slander of Title, and Injurious Falsehood)? Torts protecting commercial interests against malicious or false statements. 1) Slander of Goods / Injurious Falsehood: Making false statements disparaging the quality of a competitor's goods or business. 2) Slander of Title: Making false statements questioning a person's legal title or ownership of property, causing financial loss.

What is the tort of Breach of Confidence? A tort protecting confidential business or personal information imparted in a confidential relationship, where the recipient improperly uses or discloses the information to the detriment of the confider (e.g., trade secrets).

What are the four essential elements a plaintiff must prove to succeed in an action for Negligence? 1) Duty of Care: The defendant owed a legal duty of care to the plaintiff. 2) Standard of Care & Breach: The defendant failed to meet the standard of care expected of a reasonable person/professional. 3) Causation: The defendant's breach caused the plaintiff's injury ("but for" test). 4) Damages: The plaintiff suffered actual, recognized loss or injury.

What is the "Anns Test" (Two-Stage Test) for determining a Duty of Care? 1) Stage One: Is there a sufficient relationship of proximity or neighbourhood between plaintiff and defendant such that foreseeable harm could result? 2) Stage Two: Are there any overriding policy considerations (statutory limits or open-ended liability) that should negate or restrict that duty?

How is the Standard of Care measured for ordinary persons versus professionals? 1) Ordinary Persons: Measured against the objective standard of the "reasonable person" placed in the exact same circumstances. 2) Professionals (e.g., accountants, engineers): Measured against the standard of a reasonably competent, skilled, and careful practitioner practicing in that field at that time.

What is the "But For" Test of Causation and the Remoteness rule? 1) "But For" Test: Factual causation rule asking whether the plaintiff's injury would have occurred without the defendant's negligent act. 2) Remoteness Rule (Wagon Mound): A defendant is only liable for damages that are a reasonably foreseeable consequence of their negligence (not too remote or freakish).

What is Strict Liability (Rylands v. Fletcher)? Liability imposed by law without needing to prove fault or negligence. Triggered when a person brings something non-natural onto their land that is likely to do mischief if it escapes, and it subsequently escapes and causes damage to a neighbor.

What is Vicarious Liability? A legal doctrine that holds an employer or principal strictly liable for torts committed by an employee or agent, provided the tort occurred during the course of and within the scope of their employment duties.

What is the evidentiary doctrine of Res Ipsa Loquitur ("The thing speaks for itself")? A rule of evidence allowing the court to infer negligence against the defendant when the accident is of a kind that doesn't normally occur without negligence, the instrumentality was under the exclusive control of the defendant, and no other explanation is apparent.

What is Occupiers' Liability? The legal responsibility of owners or occupiers of land toward people who enter their property. Under provincial Occupiers' Liability Acts, occupiers owe a positive "common duty of care" to ensure visitors are reasonably safe while on the premises.

What is Manufacturers' (Product) Liability? Liability of manufacturers in tort (negligence) for injuries or property damage caused by defective products. Manufacturers owe a direct duty of care to ultimate consumers to ensure products are free from dangerous defects and that adequate warnings of inherent risks are provided.

What is Private Nuisance in tort law? A tort involving an unreasonable and substantial interference with an occupier's use and enjoyment of their land (e.g., excessive noise, foul odours, toxic runoff, or smoke).

What are the primary General Defences in Tort Law? 1) Contributory Negligence: The plaintiff's own carelessness contributed to their injury (leads to apportionment of damages under negligence statutes). 2) Voluntary Assumption of Risk (Volenti): The plaintiff knowingly accepted both the physical and legal risk (complete defense, very rare). 3) Statutory Authority: The harmful activity was expressly authorized by statute and performed without negligence.

What are the primary Tort Remedies? 1) Compensatory Damages: Monetary awards designed to restore the injured plaintiff to the position they would have been in had the tort never occurred (special damages for out-of-pocket expenses, general damages for pain and suffering). 2) Punitive Damages: Awarded in rare cases to punish malicious or high-handed conduct. 3) Injunctions: Court orders stopping a wrongful activity (often used in nuisance or breach of confidence).

Scenario Question: A security guard in a department store physically grabs a shopper by the arm, locks them in a back office for two hours, and accuses them of shoplifting without any evidence or reasonable grounds. No stolen goods are found. What torts has the store committed? The store has committed False Imprisonment (unlawful restraint of liberty) and Battery (unauthorized physical contact). Unless the merchant had lawful statutory authority or reasonable grounds under retail detention rules, detaining a customer without justification creates direct tort liability.

Scenario Question: An accountant carelessly audits corporate financial statements, missing massive fraud. A bank relies on the audit, grants a loan, and loses $1 million when the company collapses. The bank sues the accountant in tort for professional negligence. Can the accountant be held liable despite having no contract with the bank? Yes. Under professional negligence principles, an accountant can owe a duty of care to a known third-party user who relies on their professional work for a specific transaction, provided there is sufficient proximity and foreseeable reliance.

Scenario Question: A delivery driver, while running a personal errand off-route against direct company instructions, crashes a company truck into a pedestrian. Can the injured pedestrian hold the employer vicariously liable? Likely No. Vicarious liability only holds an employer liable if the employee's tort was committed during the course of and within the scope of their employment duties. Unauthorized personal detours or "frolics" outside employment scope generally relieve the employer of vicarious liability.