1. Intentional Torts

2. Tort Law A tort is a harm for which the law provides a “civil remedy”.
Something someone else does that you can sue them for.

3. Intentional Torts
Actions that cause intentional injury to another person or their property.
Often these are also crimes.
The harmed person can sue, apart from any criminal proceedings.

4. Types of Intentional Torts
INTERFERENCE WITH THE PERSON
Assault
Battery
False Imprisonment
Malicious Prosecution
Intentional Infliction of Nervous Shock
Invasion of Privacy
INTERFERENCE WITH PROPERTY
Trespass to Land
Nuisance
Trespass to Chattels

5. Assault
Words or actions that cause a reasonable belief that the person intends to cause imminent harm.
Belief must be genuine.
Belief must be reasonable.
Can sue even if no harm is caused

6. Battery
Intentional harmful or offensive contact with another person without their consent.
Sub-categories:
Sexual Abuse (F.H. v. McDougall (2008) p. 446)
Medical Battery (Reibl v. Hughes)
Emergency Consent
Malette v. Shulman (1990) p. 447

7. False Imprisonment
Detaining a person without consent or legal authority.
Most commonly occurs in store arrest cases.

8. Malicious Prosecution
Charged with a crime with no reasonable grounds
Motive must be malice or a desire to harm
Criminal proceedings must be resolved in the defendant’s favour
Defendant must have suffered damages

9. Intentional Infliction of Nervous Shock
Deliberately shocking someone through words or actions
Shock causes victim to suffer mental or physical harm
Wilkinson v. Downton [1897] p. 448

10. Invasion of Privacy
Filming or observing someone without their consent in a place where they have a reasonable expectation of privacy.
Does not apply to public places.
Does apply to homes and washrooms.
Governed by the Privacy Act in BC
L.A.M. v. J.E.L.I. (2008) p. 449

11. Types of Intentional Torts
INTERFERENCE WITH THE PERSON
Assault
Battery
False Imprisonment
Malicious Prosecution
Intentional Infliction of Nervous Shock
Invasion of Privacy
INTERFERENCE WITH PROPERTY
Trespass to Land
Nuisance
Trespass to Chattels

12. Trespass to Land Intentionally entering onto another person’s land
Without permission
Without legal authority
OR staying after being asked to leave

13. Nuisance
Unreasonably interfering with another person’s right to “enjoyment of their property”
Must be more than transitory

14. Trespass to Chattels
Intentionally interfering with someone’s private property (i.e. possessions)
If deprived of it, even temporarily, becomes conversion (tort equivalent of theft)

15. Defences to Torts Very Similar to Criminal Law
Defences to Interference with the Person
Consent
Volenti non fit injuria
Self –Defence
Defence of a Third Party
Legal Authority

16. Defences to Torts Defences to Interference with Property
Consent (see Minet v. Kossler on p. 455)
Legal Authority
Statutory Authority (with respect to nuisance)

17. Defamation of Character
Defamation means injuring a person’s reputation or “good name” by spreading untrue and damaging information about them.
Two types:
Slander
Libel

18. Slander
Defaming someone through oral statements or gestures

19. Libel
Defamation in permanent form – usually in writing.

20. Defences to Defamation
Truth
Fair Comment
Personal opinion on a matter of public interest
Must be fair
Must be made without malice

21. Defences to Defamation
Absolute Privilege
Statements made in parliament or in court
Qualified Privilege
Limited protection for statements made without malice in certain relationships
E.g. Employer reference

22. Review Defamation Questions p. 462, QQ. 1, 3 - 6
PP. 463, QQ , 9, 10
Quiz THURSDAY, based on questions

24. Questions
P. 444, Q. 3
P. 450, QQ. 2, 4
P. 453, QQ. 1, 3
P. 462, QQ. 1, 3 - 6
PP. 463, QQ , 9, 10
QUIZ ON WEDNESDAY!!!!!