SLO: I can understand the three types of torts, including negligence, intentional torts, and strict liability. I can appreciate that personal freedom in.

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Presentation transcript:

SLO: I can understand the three types of torts, including negligence, intentional torts, and strict liability. I can appreciate that personal freedom in relationships includes responsibilities associated with standards of care.

Intentional Torts  As people interact during day-to-day life, they are likely to come into physical contact with other people. For instance, if an individual is standing in a crowded elevator while others are getting on, he/she may be bumped, or a foot may be stepped on. No real harm is done. No one is behaving in a negligent manner or intending to cause harm.  When harm is deliberately caused, for example, when one person punches another in the face, an intentional tort has been committed. The person doing the punching is responsible for any injury caused by the action.

Intentional Torts  Use your cellphones to look up each of the following definitions: Battery Assault False Imprisonment Invasion of Privacy Malicious Prosecution Defamation

 Intentional torts take place when someone deliberately comes into contact with another person or his or her property to the point where damage is done. Intentional torts that involve harm to people include: Battery – intentional physical contact harmful or offensive to another person; the completion of assault Assault – a tort causing the victim to reasonably fear that bodily harm may occur; the threat of actual physical contact without consent False Imprisonment – unlawful physical restraint or detention Invasion of Privacy - the intrusion into the personal life of another, without just cause Malicious Prosecution – intentionally instituting and pursuing a legal action that is brought without probable cause and dismissed in favor of the victim of the malicious prosecution Defamation – uttering or publication of false and malicious statements injurious to a person’s fame

Intentional Torts  Intentional torts which involve property include: Harm to goods or land through Trespass Nuisance – an unreasonable interference with the right of others to enjoy their property

Occupier's Liability  The tort law requires that each occupier of land (owner, renter, or leaser) maintain the duty of care with respect to others invited or trespassing onto the property. The standard of care varies according to the circumstances of the entry. For example, the standard of care owed to an invited visitor is higher than that owed to a trespasser.

Invitees and Licensees  The highest standard of care is owed to a person on premises by invitation, either expressed or implied, for the purpose of business or material interest. This includes students in a school, service personnel coming to make repairs, theatregoers and customers in a store. A lower standard of care is required regarding the licensee (a social guest, or one from whom the owner will gain no economic benefit), while the lowest standard of care is owed to the trespasser.

Issues in the Law  Why is the tort of malicious prosecution important to the liberty of individuals in Canada?

Intentional Torts  Wrongful conduct can be both a tort and a crime. Under what circumstances should a person who is convicted of a crime face civil liability as well?

Intentional Torts  Under what conditions should an individual be able to instigate tort action for invasion of privacy related to use of electronic communications devices such as cellular telephones and computers?