Trespass to Persons and Land CLU 3MR Lesson 40 Trespass to Persons and Land

Trespass to Persons and Land Learning Goal: Explain other torts and their defences. Review the defences for negligence Review Host Liability and Childs v Desormeaux Note and discussion

Trespass to Persons and Land These are intentional torts

1. Assault and Battery ‘assault’ in tort law is different from criminal law In tort law: when the victim has reason to believe that bodily harm may occur Any threat of immediate danger or violence Uttering threatening words Pointing a weapon

‘battery’ is intentional physical contact that is harmful Kissing, spitting, touching without consent are forms of battery Pulling a chair out from under someone Assault and battery usually go together

Elements of Assault and Battery No contact necessary Does not require physical harm done There must be intention to cause offensive contact or fear that the intent is there Harmful or offensive contact Contact must be direct, not indirect Assumes fault on defendant’s part unless the defendant can prove he or she did not intend the harm

2. False Imprisonment Confining someone without their consent Not necessarily in jail Often used with false arrest

3. Negligent Investigation (A New Tort) Someone wrongfully accused and convicted of a crime can sue police If harm was caused by sloppy police work Police, like doctors or lawyers, must maintain a reasonable standard of conduct Took a precedent-setting case to reach the Supreme Court for this to be stated (Pages 415-416: Hill vs Hamilton-Wentworth Regional Police, 2007)

4. Trespass to Land Entering or crossing another person’s land without permission No specific damage needs to occur Leaving an object on someone’s property is also trespass (you cut down a tree on your property, part lands on your neighbour’s property and you don’t clean it up) Also includes areas above and below the surface (mining or wiring)

5. Nuisance One person’s unreasonable use of land that interferes with another’s enjoyment and use of adjoining land Protects the quality of use Ranging from pollution issues to noisy dogs

Private nuisance Enjoyment of your own land Living next to a golf course… one ball lands in your yard is annoying; all the time, a nuisance

b) Public nuisance A protest blocking a highway or blocking public waterways Pollution spills, etc. Actions are usually brought by governments The US gov’t is suing BP for the damages caused by the Gulf oil spill

Defences for Trespass Consent Most common defence You can’t sue the opposing player after you break your arm playing football; you chose to play and no anger was displayed

Self-defence As long as force used was not excessive Force was reasonable and necessary Provocation is not a possible defence but can reduce the damages

Defence of others When a 3rd party aids someone who is in immediate danger Occurs most often when assisting a child or close relative Same as self-defence

Defence of Property May use reasonable force to eject someone from your property (if they ignore a request) If entry was gained by force, no request to leave is needed

Legal Authority Police have legal authority to hold people for arrest With a warrant, can’t be sued for trespass Some industries can release legal amounts of pollutants

Necessity Seeking safety on someone’s property due to weather or emergency

Defamation of Character & Defences occurs when an unjustified or untrue attack is made on a person’s character by written, oral or public comments intentional or unintentional can sue for compensation may conflict with freedom of thought, belief, opinion, and expression attempt to achieve balance

1. Slander Oral defamation Malicious or vicious accusations or criticism

2. Libel Permanent visual or audible defamation (newspapers, cartoons, film, etc) A major responsibility of news media Sometimes a retraction is acceptable but usually monetary compensation is required More serious than slander because more people are involved Libel is also a criminal offence punishable with prison term

Defences 1. Truth Best defence against defamation Protection is from false statements only Repeating information thought to be true is not good enough

2. Absolute Privilege Given to MPs, MPPs, judicial hearings, inquests, etc. Statements may be given openly without fear of liability 3. Fair Comment Right to criticize, in the form of review, plays, sports events, concerts, etc. May not be malicious or unfair Burden of proof rests with the defendant

4. Qualified Privilege Extended to people who’s work requires them to express their opinions In a teacher’s letter of recommendation for a student Made to a restricted audience Municipal politicians only have this level of privilege

Tasks: Page 420 You be the Judge. Answer the question in a short paragraph. (5 marks) Page 425 Case. Answer all 4 questions. (1-1 mark, 2-1 mark, 3-1 mark, 4-2 marks)