I’ll sue!! TORT LAW

4 - 2 Introduction TortTort is the French word for a “wrong.” Tort law protects a variety of injuries and provides remedies for them.

4 - 3 Introduction (continued) civil lawsuitUnder tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property.

4 - 4 Introduction (continued) Tort damagesTort damages are monetary damages that are sought from the offending party. They are intended to compensate the injured party for the injury suffered.

4 - 5 Copyright © 2004 by Prentice-Hall. All rights reserved. Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society.

4 - 6 Categories of Torts Intentional Torts Strict Liability Torts Unintentional Torts (Negligence)

4 - 7 TortsIntentional Assault & battery Defamation False Imprisonment Trespass Negligent Investigation NuisanceUnintentionalNegligenceStrict Liability

4 - 8 Intentional Torts A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries. There are two categories of intentional torts: ▫Intentional torts against persons ▫Intentional torts against property

4 - 9 Intentional Torts Against Persons (continued) AssaultAssault ▫The threat of immediate harm or offensive contact; or ▫Any action that arouses reasonable apprehension of imminent harm. ▫Actual physical contact is unnecessary.

Intentional Torts Against Persons (continued) BatteryBattery ▫Unauthorized and harmful or offensive physical contact with another person. ▫Actual physical contact is necessary.

Intentional Torts Against Persons (continued) False ImprisonmentFalse Imprisonment ▫The intentional confinement or restraint of another person without authority or justification and without that person’s consent.

Intentional Torts Against Persons (continued) False ImprisonmentFalse Imprisonment (continued) ▫Merchant Protection Statutes – ▫Merchant Protection Statutes – allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:  There are reasonable grounds for the suspicion,  Suspects are detained for only a reasonable time, and  Investigations are conducted in a reasonable manner.

Intentional Torts Against Persons (continued) Defamation of CharacterDefamation of Character ▫False statement(s) made by one person about another. The plaintiff must prove that:  The defendant made an untrue statement of fact about the plaintiff; and  The statement was intentionally or accidentally published to a third party.  The words caused economic loss

Intentional Torts Against Persons (continued) Defamation of CharacterDefamation of Character (continued) ▫Slander – ▫Slander – oral defamation of character. ▫Libel – ▫Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc.

Defences to Defamation The statement was true Absolute and qualified privilege Fair comment

Absolute Privilege MPs and other public people can say things openly and honestly without risk of being sued. Expressing opinions as part of a public job. Comments must be proven to be made without malice. Qualified Privilege

Fair Comment Media critics who review various events provide information to the public and therefore have the right to comment honestly on events without fear of legal action. *Must not be not be malicious

Intentional Torts Against Property There are two general categories of property: ▫Real Property – ▫Real Property – consists of land and anything permanently attached to that land. ▫Personal Property – ▫Personal Property – consist of things that are movable.  Automobiles  Books  Clothes  Pets

Intentional Torts Against Property (continued) Trespass to LandTrespass to Land ▫A tort that interferes with an owner’s right to exclusive possession of land.

Intentional Torts Against Property (continued) Trespass to Personal PropertyTrespass to Personal Property ▫A tort that occurs whenever one person injures another person’s personal property; or ▫Interferes with that person’s enjoyment of his or her personal property. ▫Includes Landlord/Tenant agreements

Intentional Torts Against Property (continued) NuisanceNuisance ▫A tort that deprives a true owner of the use and enjoyment of his or her personal property by:  Preventing enjoyment of someone’s property  Example?

Intentional Torts Against Property (continued) Negligent InvestigationNegligent Investigation ▫Allows someone wrongly accused and convicted f a crime to sue the police if they cause harm by conducting an investigation negligently or sloppily  Example: Hill v. Hamilton-Wentworth Regional Police Services Board, 2007  Pg. 415

Defenses for Trespass

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