 Civil Law: Torts Negligence, Intentional + Defamation

 Recap: Criminal vs. Civil Pg 311 All About Law

 Recap: Criminal vs. Civil Pg 317 All About Law

Civil Law Terms  Tort  Plaintiff  Defendant  Litigation  Litigants  Balance of Probabilities  Cause of action  Counterclaim

Civil Law Remedies  General damages  Loss of income/future earnings  Cost of future care  Pain, suffering, loss of enjoyment of life  Special damages  Specific, out of pocket due to injuries  Punitive damages  Additional due to bad, insensitive, uncaring behaviour  Aggravated damages  “Outrageous” behaviour  Nominal damages  Small sum which indicates a moral victory for plaintiff  Costs  Injunctions  Non-monetary action

 Torts: Wrongs  Torts enable individuals/parties to sue for damages  Established in Civil Law, interpreted by judges  Change over time “Law must be stable- and yet it cannot stand still.” - Roscoe Pound, dean of Harvard Law School 1922

 Unintentional Tort: Negligence Elements of negligence that could result in action  Plaintiff is owed a duty of care  Defendant has breached that duty of care (unintentionally or through inaction)  Reasonable person, foreseeability, causation  Plaintiff suffered resulting harm or loss Pg 339 All About Law

 Unintentional Tort: Negligence Defenses  Contributory negligence  Voluntary assumption of risk  Inevitable accident

 Unintentional Tort: Negligence Special Issues

 Intentional Torts: Trespass, Nuisance, Defamation Trespass  Land  Person  Assault  Battery

 Intentional Torts: Trespass, Nuisance, Defamation Nuisance  Sustained, non-physical interruption of use of property Gleneagles v. BC Ferries Corporation

 Intentional Torts: Trespass, Nuisance, Defamation Defamation  Unjustified and untrue attack on a person’s reputation  False, be heard/read by third party, bring ridicule, hatred, contempt  Slander, libel Why would reputation be protected in law? What section of the Charter of Rights and Freedoms is this protection in direct tension with?

 Intentional Torts: Trespass, Nuisance, Defamation Defamation Defamation Defenses  Truth  Absolute privilege  Qualified privilege  Fair comment Absolute privilege: House of Commons Fair comment: Media

 Intentional Torts: Trespass, Nuisance, Defamation The use of civil law in advocacy