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Intentional Torts Law in Action – Ch. 15.

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Presentation on theme: "Intentional Torts Law in Action – Ch. 15."— Presentation transcript:

1 Intentional Torts Law in Action – Ch. 15

2 The key = the element of intent
Intentional Torts = actions intended to cause injury to others by interfering with their personal safety, health or enjoyment of property The key = the element of intent The perpetrator must want to bring about a specific result or consequence of their actions OR be substantially certain their actions will have a specific result or consequence An intentional tort MUST cause injury – physical or reputational Intentional torts often have 2 legal consequences: Criminal law & Civil law

3 Intentional Interference with the Person:
Assault – plaintiff must prove the defendant threatened imminent harm, that they believed the threat was genuine and that the defendant could have carried out the threat Battery – intentionally touching someone without his/her consent – it does not have to injure, but it must “offend” the person in some way Would a reasonable person not like the contact? Assault & battery are often linked together

4 Sexual Assault – compensation for sexual abuse, spousal abuse, incest
Medical Battery – improper explanation of a procedure, performing the wrong procedure, consent obtained through fraud, lack of consent False Imprisonment – being confined without legal justification and against your will and you cannot escape Plaintiff must show defendant restrained their liberty Defendant must show restraint was legally justified

5 Invasion of Privacy – protection of personal property
Malicious Prosecution – if criminal proceedings vs. a person are unjustified; abusing the court process Being charged with a crime with no reasonable cause Investigator is motivated by malice Defendant suffers harm due to wrongful prosecution Nervous Shock & Mental Suffering – someone who deliberately shocks a person in a way that causes emotional stress or illness; the defendant’s conduct must be extreme and intentional Invasion of Privacy – protection of personal property Some provinces have laws to protect privacy BC recognizes this as a tort

6 Intentional Interference with Property:
Trespass to Land – anyone who intentionally enters your property without permission or legal authority Nuisance – unreasonable annoyances and interferences that prevent you from enjoying your property Trespass to Chattels – intentional interference with someone’s “chattels” – personal property e.g: car, art, clothes, jewelry… Conversion – unauthorized interference with another’s property that deprives the owner of its use

7 Defamation of Character – injury to a person’s reputation or good name by slander or libel
Slander – an oral statement or gesture that damages a person’s reputation The plaintiff must prove the statements were made to someone other than the plaintiff and that they would lower the plaintiff’s reputation in the eyes of a “reasonable” person Libel – defamation in permanent form – statements that are written, recorded or filmed This is more serious than slander – the damage is greater as the publication is more widespread

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