Copyright © 2008 Pearson Education Canada4-1 Chapter 4: Intentional Torts.
-
Upload
clarence-moody -
Category
Documents
-
view
217 -
download
0
Transcript of Copyright © 2008 Pearson Education Canada4-1 Chapter 4: Intentional Torts.
Copyright © 2008 Pearson Education Canada 4-1
Chapter 4:Chapter 4:
Intentional TortsIntentional Torts
Copyright © 2008 Pearson Education Canada 4-2
What Is a Tort?What Is a Tort?
A social wrong (not necessarily a crime)A social wrong (not necessarily a crime) A civil wrong (between individuals)A civil wrong (between individuals) When an intentional or careless act harms When an intentional or careless act harms
anotheranother Injured party usually sues for monetary Injured party usually sues for monetary
compensationcompensation
Copyright © 2008 Pearson Education Canada 4-3
What Is a Tort?/2What Is a Tort?/2
Crimes are social wrongs that affect Crimes are social wrongs that affect society as a whole society as a whole
Some crimes are also torts Some crimes are also torts A tort is an inherently wrongful act that A tort is an inherently wrongful act that
causes injury to anothercauses injury to another
Copyright © 2008 Pearson Education Canada 4-4
Question for DiscussionQuestion for Discussion
It is possible for wrongful conduct to be It is possible for wrongful conduct to be both a tort and a crime. both a tort and a crime.
Is it appropriate for a person who engaged Is it appropriate for a person who engaged in wrongful conduct to be prosecuted in wrongful conduct to be prosecuted criminally and then to be subject to a civil criminally and then to be subject to a civil law suit to compensate the victim for the law suit to compensate the victim for the injuries suffered?injuries suffered?
Copyright © 2008 Pearson Education Canada 4-5
Categories of TortCategories of Tort
Intentional Intentional deliberate acts that cause deliberate acts that cause
injury or loss injury or loss UnintentionalUnintentional
Careless or negligent acts Careless or negligent acts that cause injury or lossthat cause injury or loss
Copyright © 2008 Pearson Education Canada 4-6
Intentional TortsIntentional Torts
ExamplesExamples Assault and BatteryAssault and Battery Trespass to LandTrespass to Land False ImprisonmentFalse Imprisonment NuisanceNuisance DefamationDefamation
Courts may award punitive damagesCourts may award punitive damages
Copyright © 2008 Pearson Education Canada 4-7
Assault and BatteryAssault and Battery
Assault and BatteryAssault and Battery Assault - where there is fear of contactAssault - where there is fear of contact Battery – the least touching of another without Battery – the least touching of another without
consentconsent DefencesDefences
1. Accident not mistake1. Accident not mistake 2. Consent (informed)2. Consent (informed) 3. Self-defence (reasonable force)3. Self-defence (reasonable force)
Copyright © 2008 Pearson Education Canada 4-8
Trespass to LandTrespass to Land
Being on another’s land without authorityBeing on another’s land without authority permission implied for business offering public permission implied for business offering public
servicesservices Occupier owes only minimal duty to Occupier owes only minimal duty to
trespassertrespasser Continuing trespass remedied by Continuing trespass remedied by
injunctioninjunction
Copyright © 2008 Pearson Education Canada 4-9
False ImprisonmentFalse Imprisonment
The unlawful and intentional restraint of The unlawful and intentional restraint of a person against his/her willa person against his/her will
Restraint must be totalRestraint must be total Victim must submit or be forced to Victim must submit or be forced to
complycomply Restraint may be justified if the person Restraint may be justified if the person
has done something s/he can be has done something s/he can be arrested for.arrested for.
Copyright © 2008 Pearson Education Canada 4-10
NuisanceNuisance
Public nuisance affects public in Public nuisance affects public in generalgeneral
Private nuisance interferes with Private nuisance interferes with another’s use of his/her propertyanother’s use of his/her property
Strict Liability for inherently Strict Liability for inherently dangerous situations or productsdangerous situations or products
Copyright © 2008 Pearson Education Canada 4-11
DefamationDefamation
A false statement about someone to his or A false statement about someone to his or her detriment - must be published or her detriment - must be published or broadcast broadcast
Slander - spoken defamationSlander - spoken defamation Libel - written defamationLibel - written defamation
Copyright © 2008 Pearson Education Canada 4-12
Defamation/2Defamation/2
DefencesDefences
1. Truth1. Truth
2. Absolute Privilege2. Absolute Privilege
3. Qualified Privilege 3. Qualified Privilege
4. Fair Comment4. Fair Comment
Copyright © 2008 Pearson Education Canada 4-13
Other Business TortsOther Business Torts
Inducing breach of contractInducing breach of contract Interference with economic relationsInterference with economic relations IntimidationIntimidation Intentional infliction of mental Intentional infliction of mental
sufferingsuffering DeceitDeceit
Copyright © 2008 Pearson Education Canada 4-14
Other Other BusinessBusiness Torts/2 Torts/2
ConspiracyConspiracy Malicious prosecutionMalicious prosecution ConversionConversion Passing off actionPassing off action Injurious falsehoodInjurious falsehood
Copyright © 2008 Pearson Education Canada 4-15
Online TortsOnline Torts
Internet is uncontrolledInternet is uncontrolled Victims have few remedies availableVictims have few remedies available ISPs have no direct liabilityISPs have no direct liability
Copyright © 2008 Pearson Education Canada 4-16
Privacy Privacy
Privacy protection provided by statute Privacy protection provided by statute lawlaw
Personal Information Protection and Personal Information Protection and Electronic Documents ActElectronic Documents Act
Regulates collection and use of private Regulates collection and use of private information information
Provides a model code Provides a model code
Copyright © 2008 Pearson Education Canada 4-17
Question for Discussion Question for Discussion
Tort law is designed to provide Tort law is designed to provide compensation for injury or damages compensation for injury or damages suffered.suffered.
Is it appropriate for the civil court to Is it appropriate for the civil court to award damages where no loss has been award damages where no loss has been suffered by the person suing? For suffered by the person suing? For example, in a case of trespass.example, in a case of trespass.