1. I’ll sue!! TORT LAW

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

3. 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 - 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.

5. 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.

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

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

8. 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

9. 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.

10. 4 - 10 Intentional Torts Against Persons (continued) BatteryBattery ▫Unauthorized and harmful or offensive physical contact with another person. ▫Actual physical contact is necessary.

11. 4 - 11 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.

12. 4 - 12 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.

13. 4 - 13 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

14. 4 - 14 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.

15. 4 - 15 Defences to Defamation The statement was true Absolute and qualified privilege Fair comment

16. 4 - 16 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

17. 4 - 17 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

18. 4 - 18 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

19. 4 - 19 Intentional Torts Against Property (continued) Trespass to LandTrespass to Land ▫A tort that interferes with an owner’s right to exclusive possession of land.

20. 4 - 20 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

21. 4 - 21 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?

22. 4 - 22 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

23. 4 - 23 Defenses for Trespass

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