Chapter 15 Intentional Torts Intentional Torts - When people deliberately cause harm or loss to another person Intent – the desire to commit an act for a specific purpose

Intentional Torts … Examples include: assault battery sexual assault medical batteryPERSON false imprisonment malicious prosecution mental suffering invasion of privacy defamation of character trespass to land trespass to chattelsPROPERTY nuisance

Assault – when a victim feels they may be in danger of bodily harm Battery – intentional, unauthorized physical contact that the victim considers harmful or offensive Sexual assault – victims of sexual assault, spousal abuse, incest want compensation in civil courts Medical Battery –performing the wrong medical procedure or performing a procedure without the patient’s informed consent (exception being emergency situations)

False Imprisonment – when a person is confined or restrained without consent or legal authority Mental Suffering – deliberately shocking someone, causing the victim to suffer mental or physical harm Invasion of privacy – some provinces have laws recognizing invasion of privacy (health, financial records, )

Malicious Prosecution Wrongful prosecution of a person without reasonable and probable cause. 4 requirements: 1. lack of reasonable, probable grounds for charge 2. motivated by malice- the desire to harm another (hardest to prove) 3. proceedings against defendant ended in the defendant’s favour 4. defendant suffers damages a s a result of the wrongful proceedings

Defamation of Character Injury to a person’s reputation or good name by slander or libel. Cases sometimes conflict with the Charter of Rights and Freedoms. Slander (oral statement or gesture), and libel (permanent written or recorded statements)

The best defense against defamation is truth -proving the comments/accusations are true. Other defenses include: absolute privilege -protection from liability from statements made in Parliament, legislatures, court qualified privilege – protection from liability for statements made in certain situations as long as they are made without malice eg. teachers and employers fair comment - a defence that the comments were honest and made without malice eg. critics who review sports, movies, etc.

PROPERTY Trespass to Land – entering/crossing another person’s land without consent or legal authority (or overstaying one’s welcome after one has been asked to leave or putting an object on someone’s property and not removing it - including trees & branches).

Trespass to Chattels If people intentionally interfere with your chattels - movable personal property such as clothes, jewellery, cars, furniture, art Conversion –unauthorized and substantial interference with another’s property which deprives the owner of its use ( theft in criminal law)

Nuisance An unreasonable interference with the right of others to enjoy their property Divided into two categories: private (involving nuisance caused to specific individuals) & public (involving nuisance caused to the general public)

Defences to Nuisance Legal authority- eg. Laws re pollution, emergency vehicle sirens Prescription- right of one person to use another’s property after at least 20 years of continuous use in the same manner

Defenses to Intentional Interference Consent – when the defendant feels they were given permission Self-Defense – used commonly, but the force used cannot excessive. The defendant must convince the court that they genuinely feared becoming injured (can even be used if defendant threw the first blow)

Defense of a Third Party – used when the defendant claims to have been helping another individual (I.e.: a child) Defense of Property – used when defendant claims to have been protecting their property (before reasonable force can be used, the owner must first ask trespasser to leave)

Legal Authority – used by police officers, security guards, etc. Examples include cases involving false imprisonment and trespassing Necessity – used when there is a reasonable excuse explaining the situation (however, defendant may still be liable damages caused to property)