Copyright © 2008 Pearson Education Canada4-1 Chapter 4: Intentional Torts.

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Presentation transcript:

Copyright © 2008 Pearson Education Canada4-1 Chapter 4: Intentional Torts

Copyright © 2008 Pearson Education Canada4-2 What Is a Tort?  A social wrong (not necessarily a crime)  A civil wrong (between individuals)  When an intentional or careless act harms another  Injured party usually sues for monetary compensation

Copyright © 2008 Pearson Education Canada4-3 What Is a Tort?/2  Crimes are social wrongs that affect society as a whole  Some crimes are also torts  A tort is an inherently wrongful act that causes injury to another

Copyright © 2008 Pearson Education Canada4-4 Question for Discussion  It is possible for wrongful conduct to be both a tort and a crime.  Is it appropriate for a person who engaged in wrongful conduct to be prosecuted criminally and then to be subject to a civil law suit to compensate the victim for the injuries suffered?

Copyright © 2008 Pearson Education Canada4-5 Categories of Tort  Intentional deliberate acts that cause deliberate acts that cause injury or loss  Unintentional Careless or negligent acts that cause injury or loss Careless or negligent acts that cause injury or loss

Copyright © 2008 Pearson Education Canada4-6 Intentional Torts  Examples Assault and Battery Assault and Battery Trespass to Land Trespass to Land False Imprisonment False Imprisonment Nuisance Nuisance Defamation Defamation  Courts may award punitive damages

Copyright © 2008 Pearson Education Canada4-7 Assault and Battery  Assault and Battery Assault - where there is fear of contact Assault - where there is fear of contact Battery – the least touching of another without consent Battery – the least touching of another without consent  Defences 1. Accident not mistake 1. Accident not mistake 2. Consent (informed) 2. Consent (informed) 3. Self-defence (reasonable force) 3. Self-defence (reasonable force)

Copyright © 2008 Pearson Education Canada4-8 Trespass to Land  Being on another’s land without authority permission implied for business offering public services permission implied for business offering public services  Occupier owes only minimal duty to trespasser  Continuing trespass remedied by injunction

Copyright © 2008 Pearson Education Canada4-9 False Imprisonment  The unlawful and intentional restraint of a person against his/her will  Restraint must be total  Victim must submit or be forced to comply  Restraint may be justified if the person has done something s/he can be arrested for.

Copyright © 2008 Pearson Education Canada4-10 Nuisance  Public nuisance affects public in general  Private nuisance interferes with another’s use of his/her property  Strict Liability for inherently dangerous situations or products

Copyright © 2008 Pearson Education Canada4-11 Defamation  A false statement about someone to his or her detriment - must be published or broadcast  Slander - spoken defamation  Libel - written defamation

Copyright © 2008 Pearson Education Canada4-12 Defamation/2 Defences 1. Truth 2. Absolute Privilege 3. Qualified Privilege 4. Fair Comment

Copyright © 2008 Pearson Education Canada4-13 Other Business Torts  Inducing breach of contract  Interference with economic relations  Intimidation  Intentional infliction of mental suffering  Deceit

Copyright © 2008 Pearson Education Canada4-14 Other Business Torts/2  Conspiracy  Malicious prosecution  Conversion  Passing off action  Injurious falsehood

Copyright © 2008 Pearson Education Canada4-15 Online Torts  Internet is uncontrolled  Victims have few remedies available  ISPs have no direct liability

Copyright © 2008 Pearson Education Canada4-16 Privacy  Privacy protection provided by statute law  Personal Information Protection and Electronic Documents Act  Regulates collection and use of private information  Provides a model code

Copyright © 2008 Pearson Education Canada4-17 Question for Discussion  Tort law is designed to provide compensation for injury or damages suffered.  Is it appropriate for the civil court to award damages where no loss has been suffered by the person suing? For example, in a case of trespass.