Unit 4: Regulation and Dispute Resolution

1. Unit 4: Regulation and Dispute Resolution Day 7: Contractual Obligations and Torts Part 3

2. Types of Intentional Torts Intentional Torts are actions intended to cause injury to others.

3. To A Person Assault • offensive conduct that causes a reasonable apprehension of imminent harm. • Different in tort law than in the Criminal Code. • Ex. If Johnny threatens to hit Jacob in the mouth.

4. Battery • intentional, unauthorized physical contact that the victim considers harmful or offensive. • Ex. When Johnny hits Jacob in the mouth. Medical Battery • performing the wrong medical procedure or performing a procedure without the patient's consent. • Ex. The doctor amputating the wrong leg.

5. False Imprisonment • detention of a person without consent and without legal authority. • Ex. Being held by a store detective on a shoplifting charge when you are innocent, if you do not consent to staying there. Malicious Prosecution • wrongful prosecution of a person without reasonable and probable cause. • Ex. If the police do not have reasonable grounds to charge you with a crime.

6. Intentional Infliction of Nervous Shock • deliberately shocking someone, causing the victim to suffer mental or physical harm. • Ex. Telling someone that their child has been killed in an accident as a joke.

7. To Property Trespass of Land • an unlawful interference with one's property - either intentionally or unintentionally. • Ex. Sara went onto Anna's property without permission.

8. Nuisance • private nuisance is unreasonable and substantial interference with someone's right to enjoyment of property and public nuisance is unreasonable and substantial interference with interests that affect the community at large, such as public health and safety • Ex. Your neighbour throwing nightly parties, which are loud enough to disturb your sleep.

9. Trespass to Chattel • an unlawful interference with one's moveable personal property. • Ex. Samuel breaks Douglas' bicycle. Conversion • unauthorized and substantial interference with another's property, which deprives the owner of its use. • Ex. Your neighbour taking your newspaper without your permission so that he/she can read it.

10. Defenses - To a Person Consent • Permission granted voluntarily for a specific act. • Ex. If one volunteers for pie-throwing contest then one can not sue if they receive a bruise from being hit by a pie.

11. Self-Defense • the legal right to use reasonable force to protect oneself from injury from another. • Ex. If Clara punches Doris, Doris would be justified in protecting herself by using reasonable and necessary force. Defense of a Third Party • the legal right to use reasonable force to protect someone from being injured by another. • Ex. Derek was justified in wrestling an adult to the floor when the adult hit his child.

12. Legal Authority • the right given by law to engage in conduct that would otherwise be a tort, for example, a police officer can arrest and detain on reasonable grounds. • Ex. Parents have legal authority to discipline their children as long as the force used is not excessive.

13. Defenses - To Property Consent • Permission to come on to the property. • Ex. Hiring someone to cut your grass gives them permission to come onto your property.

14. Defense of Property • A person can use reasonable force to protect one's property. • Ex. Nigel pushes Silvio off his property after asking Silvio to leave and giving Silvio reasonable time to do so. Legal Authority • The right given by law to engage in conduct that would otherwise be a tort, for example, a police officer can search your property with a warrant. • Ex. The Gas Meter reader has legal authority to come onto your property to read the meter.

15. Statutory Authority • Legislation that grants someone authority to perform an act that could create a nuisance. • Ex. For example, legal permission to build an airport.