Intentional Torts

Intentional TortsUNIT #4 – CIVIL LAW

Intentional Torts

Intentional torts occur when: a person deliberately causes harm or loss to another person. This loss could occur with property, goods, or the physical and mental well-being of an individual.

Distinguishing Between Intent & Motive

Intent The essential element of an intentional tort is intent (plans, hopes, desires). Is the person aware of the consequences of his or her actions?

Scenario: If a person “playfully” throws a snowball at someone causing permanent damage to the person’s eye, has an intentional tort occurred? Explain.

Distinguishing Between Intent & Motive

Motive The reason something was done. It is generally not an essential element of a tort action, as long as the action was done intentionally. Using the snowball scenario again apply motive to this situation.

Independent or Partner Work

Read page 413 – 424 in Chapter 12: Negligence and Other Torts, and answer the following questions on your handout about Intentional Torts.

MotiveFalse ImprisonmentTrespass to Land (Property)NuisanceDefamation of Character

Let’s Review Handout questionsUNIT #4 – CIVIL LAW

Handout Questions (pg. 413-424)

Explain the difference and give an example of assault in tort law and assault in criminal law

Tort Law – any threat of apparent or immediate danger or violence is an assault i.e. someone tries to punch you and misses

Tort Law vs. Criminal LawIf a person… It may be a crime

of…And also the tort of…

• Hits another person

• Breaks into someone’s property

• Takes someone’s belongings

• Assault• Break and enter• Theft

• Battery• Trespass to land• Trespass to

goods


Explain and give an example of battery

Harmful or offensive contractMust be direct not indirectAssumes fault on the defendant’s part


False Imprisonment involves Confining or restraining a person without their consent in a specific area

_____ might be a better word for this type of tortWrongful confinement


Scenario:A mall security guard yells, “Stop that thief” as you innocently exit a store. You walk away not realizing why all of the shoppers are starring at you. Security runs past you in pursuit of someone else. Is this an example of false arrest? Why or why not?Yes, if you did not move b/c of fear you would be arrested

Take the same example with the security guard yelling and running by you for someone else and make it a tort.

Caused harm to the mental well-being of the person


Trespass to Land (Property)Trespass is: The act of entering and crossing another person’s land w/out permission or legal authority

Note: specific damages do not have to result for this intentional tort – simply the action is adequate


Scenarios:a) Kyle pushes Tony off the sidewalk into a lovely

flowerbed. Who has committed the trespass?

Both – Kyle had the intent & didn’t have to cause specific damage


Scenarios:b) The neighbour’s tree breaks a large branch which falls into

your yard. Is this a trespass if the neighbour doesn’t clean it up?

Yes – as long as the tree remains on the land, there is a continuing trespass


Scenarios:c) Your house backs onto a park. A father and son fly model

airplanes and constantly fly them over your property upsetting the dog. Is this a trespass of property?

Yes – the right to use land above and below Earth’s surface


Defences for trespass include:ConsentSelf-DefenceDefence of PropertyLegal AuthorityNecessityDefence of Others


NuisanceOccurs when a wrongful action interferes with the “enjoyment of life” for a person (s).

One of the defences for nuisance is prescription. This means that if the cause of the nuisance has existed for 20 years without dispute, then suing for compensation is unlikely.


Scenario:Dan Jackson has beautiful old maple tree on his property which reached over into the neighbour’s backyard.

Every fall Mr. Jackson assumed the responsibility of cleaning the leaves from his neighbour’s property. There was never a dispute and in fact the neighbour appreciated the aesthetics of the tree.

New young owners bought the property and insisted that Mr. Jackson cut down the tree so that they could install a pool. They claimed they could sue for nuisance and even trespass if Mr. Jackson did not co-operate.

Advise Mr. Jackson on his legal position.


Defamation of Characterinjury to a person’s character or reputationThe attack may be intentional or unintentional.

It may cause:Pp’l to avoid him/herExpose person to hatred, contemptDifficulty in finding or keeping jobsStrained friendships


Defamation of CharacterThe attack can be verbal, written, or published and must cause damages that can result in compensation.

The statement must be false, heard or read by a third party and defame the person by ridicule, hatred, malicious remarks or contempt.

Defamation of character is balanced by the Charter of Rights under the Freedom of Expression.


Defamation of CharacterSlander is: defamation through verbal communicationsLibel is: defamation in written form (visual or audio)

Why do you think slander is more difficult to prove than libel?


Explain the following defences of defamation of character:TruthBest defence – to prove truthAction will fail if defendant can show statements are absolutely true

and justified

Absolute PrivilegeDefence against defamation for statements made in legislative & judicial

proceedings (i.e. public roles – member of parliament/the courts)


Explain the following defences of defamation of character:Qualified PrivilegeA defence against defamation for expressing honest opinion as part of

a job (i.e. teachers/employers/credit agencies)

Fair CommentA defence to defamation for comments made in good faith. (i.e. media

critics/food critics – must be done w/out malice)


What would be examples of published materials other than written?

The InternetRadioTVRecordings (audio or visual)

Intentional Torts

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