1. CLU3M | UNIT 4
TORTS

2. 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.

3. 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.

4. 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

5. 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.

6. Flying hockey puck sends elderly Canucks fan to hospital

7. 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

8. 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

9. 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

10. 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

11. 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

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