Copyright © 2004 McGraw-Hill Ryerson Limited 1 PART 2 THE LAW OF TORTS Chapter 4 – Intentional...

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


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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


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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


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Intentional Interference with the Person

Overlap between civil (tort) and criminal law

Types of Intentional Torts Assault and Battery False Imprisonment Defamation Trespass Deceit


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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)


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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


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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)


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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


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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


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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


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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


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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


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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


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TORT LAW

DEFAMATION

STATEMENT

Verbal

(Slander)

Written

(Libel)

Absolute Privilege

Qualified Privilege

Truth of Statement

Death of Party

TYPE DEFENCES


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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


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Qualified Privilege Liability if made in bad faith Reference letter by employer Fair comment

Honest opinion on matter of public importance Critics, reviews


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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


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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


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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


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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


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Other business related torts Interference with competitors employees Restraint in trade


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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


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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


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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


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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

Copyright © 2004 McGraw-Hill Ryerson Limited 1 PART 2 THE LAW OF TORTS Chapter 4 – Intentional...

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Transcript of Copyright © 2004 McGraw-Hill Ryerson Limited 1 PART 2 THE LAW OF TORTS Chapter 4 – Intentional...