Post on 15-Dec-2015
transcript
4 - 2
Introduction•TortTort is the French word for a “wrong.”
•Tort law protects a variety of injuries and provides remedies for them.
4 - 3
Introduction (continued)
•Under tort law, an injured party can bring a civil lawsuitcivil lawsuit to seek compensation for a wrong done to the party or the party’s property.
4 - 4
Introduction (continued)
•Tort damagesTort damages are monetary damages that are sought from the offending party.
•They are intended to compensate the injured party for the injury suffered.
4 - 5
Copyright © 2004 by Prentice-Hall. All rights
reserved.
Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society.
4 - 8
Intentional Torts
•A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries.
•There are two categories of intentional torts:▫Intentional torts against personsIntentional torts against persons▫Intentional torts against propertyIntentional torts against property
4 - 9
Intentional Torts Against Persons (continued)
•AssaultAssault▫The threat of immediate harm or offensive
contact; or▫Any action that arouses reasonable
apprehension of imminent harm.▫Actual physical contact is unnecessary.
4 - 10
Intentional Torts Against Persons (continued)
•BatteryBattery▫Unauthorized and harmful or offensive
physical contact with another person.▫Actual physical contact is necessary.
4 - 11
Intentional Torts Against Persons (continued)
•False ImprisonmentFalse Imprisonment▫The intentional confinement or restraint of
another person without authority or justification and without that person’s consent.
4 - 12
Intentional Torts Against Persons (continued)
•False ImprisonmentFalse Imprisonment (continued)▫Merchant Protection Statutes –Merchant Protection Statutes – allow
merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if: There are reasonable grounds for the suspicion, Suspects are detained for only a reasonable time, and Investigations are conducted in a reasonable manner.
4 - 13
Intentional Torts Against Persons (continued)
•Defamation of CharacterDefamation of Character▫False statement(s) made by one person about
another. The plaintiff must prove that: The defendant made an untrue statement of fact about the plaintiff; and
The statement was intentionally or accidentally published to a third party.
The words caused economic loss
4 - 14
Intentional Torts Against Persons (continued)
•Defamation of CharacterDefamation of Character (continued)▫Slander –Slander – oral defamation of character.▫Libel –Libel – a false statement that appears in a
letter, newspaper, magazine, book, photo, video, etc.
4 - 16
Absolute Privilege
•MPs and other public people can say things openly and honestly without risk of being sued.
•Expressing opinions as part of a public job. Comments must be proven to be made without malice.
Qualified Privilege
4 - 17
Fair Comment
•Media critics who review various events provide information to the public and therefore have the right to comment honestly on events without fear of legal action.
•*Must not be not be malicious
4 - 18
Intentional Torts Against Property•There are two general categories of
property:▫Real Property – Real Property – consists of land and
anything permanently attached to that land.▫Personal Property –Personal Property – consist of things that
are movable. Automobiles Books Clothes Pets
4 - 19
Intentional Torts Against Property (continued)
•Trespass to LandTrespass to Land▫A tort that interferes with an owner’s right to
exclusive possession of land.
4 - 20
Intentional Torts Against Property (continued)
•Trespass to Personal PropertyTrespass to Personal Property▫A tort that occurs whenever one person
injures another person’s personal property; or▫Interferes with that person’s enjoyment of his
or her personal property.▫Includes Landlord/Tenant agreements
4 - 21
Intentional Torts Against Property (continued)
•NuisanceNuisance▫A tort that deprives a true owner of the use
and enjoyment of his or her personal property by: Preventing enjoyment of someone’s property
Example?
4 - 22
Intentional Torts Against Property (continued)
•Negligent InvestigationNegligent Investigation▫Allows someone wrongly accused and
convicted f a crime to sue the police if they cause harm by conducting an investigation negligently or sloppily Example: Hill v. Hamilton-Wentworth Regional Police Services Board, 2007
Pg. 415