Intentional Torts

1. 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

2. 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

3. 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

4. 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

5. 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 • Sexual Assault • Compensation of victims • Public condemnation of the assailants/perpetrators

6. 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)

7. 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

8. 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

9. 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

10. 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”

11. 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)

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

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

20. 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

21. 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

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

23. 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

24. 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