CLU3M | UNIT 4 TORTS

NEGLIGENCE & UNINTENTIONAL TORTS Unintentional torts arise from injuries caused by an accident or action that was not intended to cause harm. Most unintentional torts are caused by negligence. careless conduct that causes foreseeable harm All Canadians are required to go about their lives showing a duty of care. obligation to foresee and avoid careless actions that might cause harm to others As reasonable people (ordinary people of normal intelligence), we need to anticipate the consequences of our actions.

NEGLIGENCE & UNINTENTIONAL TORTS A standard of care is the degree of caution or level of conduct expected of a reasonable person. a specialized standard of care exists in some cases because of training/profession - ex. a doctor has a higher duty of care than you or me Causation is the connection between someone’s actions or inactions and someone else’s injuries. There must be a connection. Ex -a teacher took 20 students on a canoe trip and did not provide lifejackets. One of the students fell in to the water and drowned. A court would likely say she would not have drowned ‘but for’ the teachers failure in providing life jackets Thus, the negligence was the cause in fact for the injury.

LIABILITY = RESPONSIBILITY Product Liability - deals with negligence on the part of manufacturers think vehicle recalls - faulty brakes Occupier’s Liability - the responsibility of owners or renters to ensure that no one entering their premises is injured. trespassers are not covered under this liability Vicarious Liability - legal responsibility for the negligence of another person. if a mechanic fails to properly fix your brakes and you have an accident, mechanic and his employer could be held liable Strict Liability - defendant is automatically liable for an injury caused by a dangerous substance often used in cases of environmental spills

DEFENCES TO NEGLIGENCE Contributory Negligence - negligent acts by the plaintiff themselves that helped cause their injuries. liability will be divided and both parties will pay the damages. Voluntary Assumption of Risk - no liability exists because the plaintiff agreed to accept the risk in the activity. Waiver - a document signed by the plaintiff, releasing the defendant from liability in the event of an injury. Inevitable Accident - a defence that claims an accident was unavoidable due to an uncontrollable event. Act of God - a defence that claims an accident was caused by an extraordinary, unexpected natural event. Explanation - a defence that claims the accident occurred for a valid reason even though the defendant took every precaution.

Flying hockey puck sends elderly Canucks fan to hospital https://bc.ctvnews.ca/flying-hockey-puck-sends-elderly-canucks-fan-to-hospital-1.3683735

INTENTIONAL TORTS | TO A PERSON Assault | offensive conduct that causes a reasonable suggestion of imminent harm Jack tells Victor he’s going to punch him Battery | unauthorized physical contact that the victim considers harmful or offensive Jack punches Victor when walking down the hall Medical Battery | performing the wrong medical procedure or performing a procedure without the patient’s consent the doctor amputating the wrong leg

INTENTIONAL TORTS | TO A PERSON False Imprisonment | detention of a person without consent or legal authority being held by a store manager on a shoplifting charge, if you do not consent to staying there Malicious Prosecution | wrongful prosecution of a person without reasonable and probable cause police don’t have reasonable grounds to charge you with a crime Intentional Infliction of Nervous Shock | deliberately shocking someone, causing the victim to suffer mental or physical harm. telling someone their child was killed in an accident as a joke

DEFENCES FOR INTENTIONAL TORTS AGAINST A PERSON Consent | Permission granted voluntarily for a specific act. Mrs. Indiran volunteers for pie-throwing contest; she can’t sue if she gets cut from a pie pan hitting her face Self-Defense | legal right to use reasonable force to protect oneself Beatrice punches Celine, Celine would be justified in protecting herself by using reasonable force Defense of a third party | legal right to use reasonable force to protect someone from being injured by another. Shreya was justified in wrestling a stranger to the floor when they hit her 5 year old cousin Legal Authority | right given by law to engage in conduct that would otherwise be a tort. police officer can arrest and detain on reasonable grounds, where a normal citizen can’t

INTENTIONAL TORTS | TO PROPERTY Trespass of Land | unlawful interference with one’s property Jacob hops Jeremy’s property fence everyday on his way to school to cut through his yard Private Nuisance | interference with someone’s right to enjoyment of property Olivia throws nightly parties, which disturb her neighbour’s sleep Trespass to Chattel | unlawful interference with one’s moveable personal property Corey breaks Liam’s bike Conversion | interference with another’s property, which deprives the owner of use Danielle takes her neighbour’s newspaper without permission so that she can read it

DEFENCES FOR INTENTIONAL TORTS AGAINST PROPERTY Consent | Permission to come on to the property hiring someone to cut your grass gives them permission Defence of Property | A person can use reasonable force to protect their property Ervis pushes Joey off his property after asking him to leave and giving him reasonable time to do so Legal Authority | right given by law to engage in conduct that would otherwise be a tort gas meter reader has legal authority to come onto your property to read the meter Statutory Authority | Legislation that grants someone authority to perform an act that could create a nuisance legal permission to build an airport

// Your Turn Read and have a discussion about the two case studies.