1. Intentional Torts
Law in Action – Ch. 15

2. The key = the element of intent
Intentional Torts = actions intended to cause injury to others by interfering with their personal safety, health or enjoyment of property
The key = the element of intent
The perpetrator must want to bring about a specific result or consequence of their actions OR be substantially certain their actions will have a specific result or consequence
An intentional tort MUST cause injury – physical or reputational
Intentional torts often have 2 legal consequences:
Criminal law & Civil law

3. Intentional Interference with the Person:
Assault – plaintiff must prove the defendant threatened imminent harm, that they believed the threat was genuine and that the defendant could have carried out the threat
Battery – intentionally touching someone without his/her consent – it does not have to injure, but it must “offend” the person in some way
Would a reasonable person not like the contact?
Assault & battery are often linked together

4. Sexual Assault – compensation for sexual abuse, spousal abuse, incest
Medical Battery – improper explanation of a procedure, performing the wrong procedure, consent obtained through fraud, lack of consent
False Imprisonment – being confined without legal justification and against your will and you cannot escape
Plaintiff must show defendant restrained their liberty
Defendant must show restraint was legally justified

5. Invasion of Privacy – protection of personal property
Malicious Prosecution – if criminal proceedings vs. a person are unjustified; abusing the court process
Being charged with a crime with no reasonable cause
Investigator is motivated by malice
Defendant suffers harm due to wrongful prosecution
Nervous Shock & Mental Suffering – someone who deliberately shocks a person in a way that causes emotional stress or illness; the defendant’s conduct must be extreme and intentional
Invasion of Privacy – protection of personal property
Some provinces have laws to protect privacy
BC recognizes this as a tort

6. Intentional Interference with Property:
Trespass to Land – anyone who intentionally enters your property without permission or legal authority
Nuisance – unreasonable annoyances and interferences that prevent you from enjoying your property
Trespass to Chattels – intentional interference with someone’s “chattels” – personal property e.g: car, art, clothes, jewelry…
Conversion – unauthorized interference with another’s property that deprives the owner of its use

7. Defamation of Character – injury to a person’s reputation or good name by slander or libel
Slander – an oral statement or gesture that damages a person’s reputation
The plaintiff must prove the statements were made to someone other than the plaintiff and that they would lower the plaintiff’s reputation in the eyes of a “reasonable” person
Libel – defamation in permanent form – statements that are written, recorded or filmed
This is more serious than slander – the damage is greater as the publication is more widespread