Intentional Torts Chapter 13

Tort A “wrong or fault” causing injury to another person. There are two kinds of torts: - intentional -unintentional

4 Elements of every tort Intentional interference Harm Damages Defense

Tort Law and Criminal Law Between defendant and plaintiff Based on case law Balance of probabilities Sentence is damages ($) Between crown and accused Based on criminal code Beyond a reasonable doubt Can be sentenced to custody

I. Harming People Bodily Injury Battery – any physical touching without consent Assault – threat of force, fear of immediate physical contact

I. Harming People B. Denial of Personal Freedom False imprisonment – confined against your will Privacy – invasion of privacy

I. Harming People C. Injury to reputation malicious prosecution – damages for wrongfully starting criminal proceedings against someone Defamation – libel (written) slander (verbal)

II. Abusing Property Goods Conversion – stealing or not returning goods Trespass – must have damage

II. Abusing Property B. Land Trespass – on land without permission

III. Remedies Nominal damages – a small token amount Compensatory damages – reimburse person for all financial loss Punitive damages – civil fine