I’ll sue!!

TORT LAWTORT LAW

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Introduction•TortTort is the French word for a “wrong.”

•Tort law protects a variety of injuries and provides remedies for them.

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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.

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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.

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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.

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Categories of Torts

Intentional Torts

Strict Liability Torts

Unintentional Torts (Negligence)

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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

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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.

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Intentional Torts Against Persons (continued)

•BatteryBattery▫Unauthorized and harmful or offensive

physical contact with another person.▫Actual physical contact is necessary.

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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.

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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.

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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

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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.

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Defences to Defamation

•The statement was true•Absolute and qualified privilege•Fair comment

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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

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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

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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

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Intentional Torts Against Property (continued)

•Trespass to LandTrespass to Land▫A tort that interferes with an owner’s right to

exclusive possession of land.

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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

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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?

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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

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Defenses for Trespass

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