Intentional Torts When someone intentionally injures someone or interferes with a person’s use of property Differs from unintentional torts on the basis

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


• 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 AssaultSexual Assault Compensation of victimsCompensation of victims Public condemnation of the Public condemnation of the

assailants/perpetratorsassailants/perpetrators


• 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)


• 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


• 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


• 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


• 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)


• 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


• Trespass to Chattels– Movable property• Jewelry, bicycles, furniture, CDs

– Intentional interference with a person’s chattels– Damage to the chattel need not have occurred


• 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


• 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


• 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


• 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


• 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

Documents

Intentional Torts When someone intentionally injures someone or interferes with a person’s use of property Differs from unintentional torts on the basis