Intentional Torts When someone intentionally injures someone or

Intentional Torts • When someone intentionally injures someone or interferes with a person’s use of property • Differs from unintentional torts on the basis of intent – Demonstrated by the persons actions – desire to bring about a specific result or consequence or be substantially certain that those actions will have that result or consequence – Actions do not have to result in injuries or interference to the originally intended subject – E. g. striking another person while trying to strike someone else

Intentional Torts & Criminal Acts • Criminal act can result in criminal as well as civil legal action – Criminal law = protection of society/justice – Civil law = compensation to the victim(s) • Burden of Proof – Criminal = beyond reasonable doubt – Civil = balance of probabilities

Torts and Crimes • Crime – – Assault Forcible confinement Break and enter Theft – homicide • Tort Battery False imprisonment Trespass to land Conversion, or trespass to goods – Wrongful death – –

Intentional Interference with the Person • Examples: – Assault, battery, medical battery, false imprisonment, malicious prosecution, intentional infliction of mental suffering • Assault – Different from criminal assault – No physical harm necessary • Proof that the plaintiff believed there to be a threat of imminent harm and the ability of the defendant to carry out that harm

Intentional Interference with the Person • Battery – Physical contact without consent • Beyond normal “bumping” in a crowd – Physical contact does not need to harm, only needs to offend – Often tried in combination with assault charges n Sexual Assault Compensation of victims n Public condemnation of the assailants/perpetrators n

Intentional Interference with the Person • Medical Battery – Doctor must obtain a patient’s informed consent before carrying out a medical procedure – Procedure different than that agreed to – Consent obtained via fraud or misrepresentation – Procedure carried out against patient’s wishes (DNR, religious convictions)

Intentional Interference with the Person • False (wrongful) imprisonment – Confinement without legal justification – Location is not specific to jail/prison – Consent obtained under duress does not constitute consent • I. e. consenting to a store detective to go to a back office to avoid embarrassment or situations where you don’t believe you can refuse

Intentional Interference with the Person • Malicious prosecution – Wrongful prosecution without a reasonable and probable cause • Someone must be charged with a crime when there are no reasonable grounds for a charge • The individual or continuing the proceedings must be motivated by malice (desire to harm another) • Proceedings must be resolved in the defendant’s favour • Defendant must suffer damage as a result of the proceedings

Intentional Interference with the Person • Nervous Shock and Mental Suffering – Deliberate shock or acting in a way so as to cause a person mental anguish resulting in emotional stress and illness – Defendant’s actions must be extreme and intentional – Victim must be able to prove mental suffering or physical harm as a result of the defendant’s actions

Intentional Interference with the Person • Invasion of Privacy – Evolving area of law – Some jurisdictions don’t yet recognize this as a tort • May have enacted “protection of personal information acts”

Intentional Interference with Property • Trespass to Land – Intentionally entering property without permission – Person does not need to be aware that the property/land is private – Damage to the property is not required – Invited persons who refuse to leave voluntarily (may be removed by reasonable force) – Certain occupations/duties are permitted by law to enter your property (assessment, meter reading)

Intentional Interference with Property • Nuisance – Prevention of the use/enjoyment of your property = Private nuisance • Noxious fumes, barking dogs, loud noises • Unreasonable and you must have suffered damage of some sort • Varies based on neighbourhood/area – Prevention with the public interest in areas of safety, health, comfort, convenience, or morality • Oil spill, pollution of drinking water

Intentional Interference with Property • Trespass to Chattels – Movable property • Jewelry, bicycles, furniture, CDs – Intentional interference with a person’s chattels – Damage to the chattel need not have occurred

Intentional Interference with Property • Conversion – Civil law equivalent of theft – Convert your property for the defendant’s use, even if temporary Defences to Intentional Interference § Plaintiff must prove the defendant intentionally committed the tort that caused suffering

Defences to Interference with the Person • Consent – Must be voluntary and specific – Proof of consent is on the defendant • Self-Defence – Use of reasonable force to protect oneself against injury – Defendant must prove immediate danger and that the force was necessary to prevent harm

Defences to Interference with the Person • Defence to a Third Party – Use of reasonable force to prevent harm to a third person – Same rules apply – threat/danger must be immediate and force must be reasonable • Legal Authority – Right to perform a certain actions based on legal authority

Defences to Interference with Property • Consent – Permission to be on the property – Does not permit you to intentionally damage the property or abuse the permission • Defence of Property – Reasonable force to protect property or remove/eject trespassers

Defences to Interference with Property • Legal Authority – Police, public officials • Statutory Authority – Main defence against nuisance liability – Statute authorizes the activity resulting in the nuisance • E. g. loud noises as the result of construction

Defamation of Character • Unfounded accusations or statements causing injury to a person’s fame, reputation or character

Defamation of Character • Slander – Oral statement or gesture that damages a person’s reputation – Statements must have been made by someone other than the plaintiff and must have referred to the plaintiff – Statements must have lowered the plaintiff’s reputation in the eye’s of reasonable person

Defamation of Character • Libel – Defamation in a permanent form • Written, recorded, printed, filmed • Cartoons, drawings, carvings – Libel is considered more serious than slander since the publication is more widespread – Court presumes your reputation has been harmed provided the libel is proven (special or actual damages need not be proven) – Damage does not need to be intentional

Defences to Defamation • Truth – Strongest defence to defamation suits • Fair Comment – Comments were honest and made without malice – Opinion statements

Defences to Defamation • Absolute Privilege – Performance of official duties – Politicians in Parliament/Legislative Assembly – Statements must be made during court or legislative proceedings – Even malicious statements are protected

Defences to Defamation • Qualified Privilege – Statements made in certain situations are protected as long as the statements are made without malice – Applies in situations where someone has a duty to make the statement, or an interest to protect, and the person receiving the statement has an interest in receiving it – E. g. letters of reference