1. Copyright © 2004 McGraw-Hill Ryerson Limited 1 PART 2 THE LAW OF TORTS  Chapter 4 – Intentional Interference Prepared by Douglas H. Peterson, University of Alberta

2. Copyright © 2004 McGraw-Hill Ryerson Limited 2 Tort Law Tort – Latin for tortus meaning a wrong Main types Wrong committed against another person Wrong committed against another’s property Wrong committed against another’s reputation 2 Main Types of Torts Intentional interference – willful or intentional acts Unintentional interference – negligent or careless acts

3. Copyright © 2004 McGraw-Hill Ryerson Limited 3 Intentional Interference Types With the Person With a Person’s Reputation With Land and Chattels Business-Related Torts and Crimes Intentional conduct that causes injury

4. Copyright © 2004 McGraw-Hill Ryerson Limited 4 Intentional Interference with the Person Overlap between civil (tort) and criminal law Types of Intentional Torts Assault and Battery False Imprisonment Defamation Trespass Deceit

5. Copyright © 2004 McGraw-Hill Ryerson Limited 5 Assault & Battery 2 separate torts Distinction is blurred today Often committed together Sometimes committed apart Assault – a threat of violence or injury to a person Battery – the unlawful touching or striking of a person threat of contact without actual contact (assault only) actual contact without warning (battery only)

6. Copyright © 2004 McGraw-Hill Ryerson Limited 6 Battery Elements of Battery The application of force with the intent to cause harm Trespass to the person Offensive bodily contact “Bodily contact” loosely defined Possibly sufficient if contact with clothing or object Bodily contact must be offensive Exception: normal social interaction (elevator jostle) Done without consent Need not be violent Surgeon failing to have informed consent Spitting; pie throwing; cutting another’s hair while they sleep

7. Copyright © 2004 McGraw-Hill Ryerson Limited 7 Assault Elements of Assault Belief of imminent bodily contact Aim: discourage threats and maintain peace Fear of bodily contact Reasonable belief of imminent bodily contact Actual bodily contact irrelevant (missed punch)

8. Copyright © 2004 McGraw-Hill Ryerson Limited 8 Defenses to Assault and Battery Provocation – only goes to damages Self-Defense – show amount of force used was reasonable and necessary under the circumstances Consent Voluntary assumption of risk Boxing; surgery

9. Copyright © 2004 McGraw-Hill Ryerson Limited 9 Vicarious Liability Employer Vicarious Liability – the liability of an employer for acts of his or her employees in the course of business Employer liable in tort but not criminally

10. Copyright © 2004 McGraw-Hill Ryerson Limited 10 False Imprisonment False Imprisonment: The unlawful and intentional restraint of a person against their will Unjustified confinement Forcible Confinement – confinement against a person’s will A tort and a criminal offence

11. Copyright © 2004 McGraw-Hill Ryerson Limited 11 False Imprisonment Elements of False Imprisonment Restraint must be total Victim must submit or be forced to comply Restraint may be justified if the person has done something for which they can be arrested Can be physical or psychological

12. Copyright © 2004 McGraw-Hill Ryerson Limited 12 Reputation (Defamation) Defamation False statement that may damage one’s reputation A false statement about someone to his detriment - must be published or broadcast 2 Forms of Defamation Libel – defamation in some permanent form, such as in writing or a cartoon (written) Slander – spoken defamation

13. Copyright © 2004 McGraw-Hill Ryerson Limited 13 Reputation (Defamation) Elements of tort Statement must reasonably refer to plaintiff Plaintiff must be living Statement must be damaging to plaintiff Meaning and inference assessed in context Statement must be subject of publication Reputation turns on opinion of third party

14. Copyright © 2004 McGraw-Hill Ryerson Limited 14 Copyright © 2004by McGraw-Hill Ryerson Limited. TORT LAW DEFAMATION STATEMENT Verbal (Slander) Written (Libel) Absolute Privilege Qualified Privilege Truth of Statement Death of Party TYPEDEFENCES

15. Copyright © 2004 McGraw-Hill Ryerson Limited 15 Reputation (Defamation) Defenses Truth A general defense - not an absolute defense Honest and reasonable belief in truth is not sufficient Absolute Privilege Absolute protection If in public’s interest – limited to certain public proceedings No liability even if statement made in bad faith Parliament, court, royal commissions, coroner’s inquest made in good faith without malicious intent

16. Copyright © 2004 McGraw-Hill Ryerson Limited 16 Reputation (Defamation) Qualified Privilege Liability if made in bad faith Reference letter by employer Fair comment Honest opinion on matter of public importance Critics, reviews

17. Copyright © 2004 McGraw-Hill Ryerson Limited 17 Interference with Land Trespass – a tort consisting of the injury of a person, the entry on the lands of another without permission, or the seizure or damage of goods without consent

18. Copyright © 2004 McGraw-Hill Ryerson Limited 18 Interference with Land Trespass to Land Interference with land Damage to the land Unlawful entrance without consent Elements of trespass to land Intentional interference with land No need to intend to commit tort or cause harm Broad application Tunneling under another’s land, erecting a wall or fence Lack of consent Guests and customers have consent (unless revoked) Lack of legal authority Some public officials have authority

19. Copyright © 2004 McGraw-Hill Ryerson Limited 19 Interference with Land Conversion – refusal to deliver up a chattel to its rightful owner Wrongful taking of the goods Unlawful conversion of title to oneself Willful damage to Goods Willful damage to another’s goods while in one’s possession

20. Copyright © 2004 McGraw-Hill Ryerson Limited 20 Business Related Torts and Crimes Slander of Goods – making a statement about competitors goods which is untrue Defective, shoddy, injurious to health of consumer Slander of Title – untrue statement about the right of another to ownership of goods

21. Copyright © 2004 McGraw-Hill Ryerson Limited 21 Business Related Torts and Crimes Other business related torts Interference with competitors employees Restraint in trade

22. Copyright © 2004 McGraw-Hill Ryerson Limited 22 Business Related Torts and Crimes Deceit – a tort that arises when a party suffers damage by acting upon a false representation made by a party with the intention of deceiving the other Fraudulent misrepresentation Must be of a material nature Intention to deceive versus innocent misrepresentation Statements made were false or made recklessly Relied upon by the other party Remedy Rescind contract and damages

23. Copyright © 2004 McGraw-Hill Ryerson Limited 23 Business Related Torts and Crimes Fraudulent Conversion of Goods Obtain goods under false pretenses Not theft (taking without owner’s consent) Goods voluntarily delivered to person who obtains through fraud E.g. obtaining goods on false credit Criminal Offences – some business torts are also criminal offences

24. Copyright © 2004 McGraw-Hill Ryerson Limited 24 Summary Tort law Injury of one person to another, another’s property, or another’s reputation Intentional interference in the form of: Assault and battery False imprisonment Libel and slander

25. Copyright © 2004 McGraw-Hill Ryerson Limited 25 Summary Trespass 2 types: Land and Goods Land Unlawful entrance without consent Willful damage to land Goods Willful damage to goods Unlawful retention of goods (conversion) Business Torts Unfair business practices or statements