Civil Law Torts Negligence Intentional Defamation Recap Criminal

Civil Law: Torts Negligence, Intentional + Defamation

Recap: Criminal vs. Civil Pg 311 All About Law

Recap: Criminal vs. Civil Pg 317 All About Law

Civil Law Terms § § § § Tort Plaintiff Defendant Litigation Litigants Balance of Probabilities Cause of action Counterclaim

Civil Law Remedies § General damages § Loss of income/future earnings § Cost of future care § Pain, suffering, loss of enjoyment of life § Special damages § Specific, out of pocket due to injuries § Punitive damages § Additional due to bad, insensitive, uncaring behaviour § Aggravated damages § “Outrageous” behaviour § Nominal damages § Small sum which indicates a moral victory for plaintiff § Costs § Injunctions § Non-monetary action

Torts: Wrongs § Torts enable individuals/parties to sue for damages § Established in Civil Law, interpreted by judges § Change over time “Law must be stable- and yet it cannot stand still. ” - Roscoe Pound, dean of Harvard Law School 1922

Unintentional Tort: Negligence Pg 339 All About Law Elements of negligence that could result in action § Plaintiff is owed a duty of care § Defendant has breached that duty of care (unintentionally or through inaction) § Reasonable person, foreseeability, causation § Plaintiff suffered resulting harm or loss

Unintentional Tort: Negligence Defenses § Contributory negligence § Voluntary assumption of risk § Inevitable accident

Unintentional Tort: Negligence Special Issues

Intentional Torts: Trespass, Nuisance, Defamation Trespass § Land § Person § Assault § Battery

Intentional Torts: Trespass, Nuisance, Defamation Nuisance § Sustained, non-physical interruption of use of property Gleneagles v. BC Ferries Corporation

Intentional Torts: Trespass, Nuisance, Defamation § Unjustified and untrue attack on a person’s reputation § False, be heard/read by third party, bring ridicule, hatred, contempt § Slander, libel Why would reputation be protected in law? What section of the Charter of Rights and Freedoms is this protection in direct tension with?

Intentional Torts: Trespass, Nuisance, Defamation Defenses § Truth § Absolute privilege § Qualified privilege § Fair comment Absolute privilege: House of Commons Fair comment: Media

Intentional Torts: Trespass, Nuisance, Defamation The use of civil law in advocacy