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Презентация на тему Law of torts. Intentional torts

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2. Concept of civil wrong vs. criminal actNote:
3. Vicarious liability: One person (e.g. a business)
4. Liability may be imposed even in the
5. False Imprisonment:Elements:Deprivation of libertyWithout lawful authorityAgainst will
6. Provides a remedy in cases where a
7. Elements:Entry onto land without owners permission or
8. Assault:Elements:Threat of imminent physical harm (violence)Causing reasonable
9. Physical contact without permission (offensive bodily contact)Note:
10. Wilful (intentional) violation of privacy by doing
11. Elements:Unauthorized use of or interference with the
12. Elements: Damaging reputation of another person by
13. Innocent dissemination (libraries etc)Absolute privilegeQualified privilegeFair commentDEFENCES TO DEFAMATION
14. Marketing product (based on physical characteristics, labeling
15. False statements about a business which causes
16. Elements:Intention on part of defendant to injure
17. Unreasonable interference with use and of enjoyment of propertyE.g:Loud noisesSmellsFumesINTENTIONAL TORTS: NUISANCE
18. Defendant strictly liable for escape of something
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Concept of civil wrong vs. criminal actNote: The same act may give rise to both criminal and tortious liability.How are each types of wrong remedied?What is the underlying right that each tort aims to vindicate?Intentional vs.

LAW OF TORTS INTENTIONAL TORTS LAW 104: BUSINESS LAW

Vicarious liability: One person (e.g. a business) can be held legally responsible

Liability may be imposed even in the absence of fault.What are the

False Imprisonment:Elements:Deprivation of libertyWithout lawful authorityAgainst will of person detainedNote:Physical restraint may

Provides a remedy in cases where a Defendant has caused a Plaintiff

Elements:Entry onto land without owners permission or some lawful right to do

Assault:Elements:Threat of imminent physical harm (violence)Causing reasonable belief that offensive bodily contact

Physical contact without permission (offensive bodily contact)Note: battery in medical cases (no

Wilful (intentional) violation of privacy by doing something which is wrong (without

Elements:Unauthorized use of or interference with the property of anotherImmaterial whether property

Elements: Damaging reputation of another person by making untrue statementTest is “does

Innocent dissemination (libraries etc)Absolute privilegeQualified privilegeFair commentDEFENCES TO DEFAMATION

Marketing product (based on physical characteristics, labeling etc) in such a manner

False statements about a business which causes the business to suffer a

Elements:Intention on part of defendant to injure business of another person.Interference by

Unreasonable interference with use and of enjoyment of propertyE.g:Loud noisesSmellsFumesINTENTIONAL TORTS: NUISANCE

Defendant strictly liable for escape of something from his property arising from

ConsentSelf Defence Legal AuthorityNecessityVoluntary assumption of risk DEFENCES TO INTENTIONAL TORTS

Слайды презентации

Слайд 2 Concept of civil wrong vs. criminal act

Note:
The

Concept of civil wrong vs. criminal actNote: The same act may

same act may give rise to both criminal and

tortious liability.

How are each types of wrong remedied?

What is the underlying right that each tort aims to vindicate?

Intentional vs. Unintentional Torts

WHAT IS A TORT?

Слайд 3 Vicarious liability:
One person (e.g. a business) can

Vicarious liability: One person (e.g. a business) can be held legally

be held legally responsible for the wrongful (tortious) actions

of someone else (e.g. an employee) owing to an underlying legal relationship between them.
Bazley v. Curry – Page 71

Joint and Several Liability:
Two or more persons may each individually have full (several liability) responsibility for wrongful conduct and its consequences or may be collectively (joint liability) responsible for such conduct.

IMPORTANT LEGAL CONCEPTS

Слайд 4 Liability may be imposed even in the absence

Liability may be imposed even in the absence of fault.What are

of fault.

What are the underlying reasons for this?

Cowles v.

Balac- Page 68

STRICT LIABILITY

Слайд 5 False Imprisonment:

Elements:

Deprivation of liberty
Without lawful authority
Against will of

False Imprisonment:Elements:Deprivation of libertyWithout lawful authorityAgainst will of person detainedNote:Physical restraint

person detained

Note:

Physical restraint may suffice but is not necessary.

Threat of physical restraint may suffice

INTENTIONAL TORTS: FALSE IMPRISONMENT

Слайд 6 Provides a remedy in cases where a Defendant

Provides a remedy in cases where a Defendant has caused a

has caused a Plaintiff to be improperly prosecuted:

Elements:

Defendant caused

Plaintiff to be arrested and charged

Prosecution terminated in
Plaintiff’s favour

(iii) Presence of improper motive in
Defendant (malice – no
reasonable grounds for causing
the “prosecution”

MALICIOUS PROSECUTION

Слайд 7 Elements:
Entry onto land without owners permission or some

Elements:Entry onto land without owners permission or some lawful right to

lawful right to do so. (Improper interference with land)

Implied

vs. express permission to enter onto land.

Permission to enter which was initially granted might be revoked (e.g. shopping malls)

Might be committed innocently

Defence: permission to enter land

TRESPASS

Слайд 8 Assault:

Elements:
Threat of imminent physical harm (violence)

Causing reasonable belief

Assault:Elements:Threat of imminent physical harm (violence)Causing reasonable belief that offensive bodily

that offensive bodily contact is imminent

Immediate possibility of carrying

out threat

Issue: Does the Plaintiff have a
reasomable belief that physical
contact will occur? (The unloaded
gun)

INTENTIONAL TORTS: ASSAULT

Слайд 9 Physical contact without permission
(offensive bodily contact)

Note: battery

Physical contact without permission (offensive bodily contact)Note: battery in medical cases

in medical cases (no
consent of Plaintiff to treatment)

Defence:

Self Defence but note issue
of proportionality.

To prove self defence Plaintiff must prove genuine fear of injury from Defendant (honest belief)

Vasey v. Wosk’s Ltd. – Page 84

BATTERY

Слайд 10 Wilful (intentional) violation of privacy by doing something

Wilful (intentional) violation of privacy by doing something which is wrong

which is wrong (without legal justification)

Jones v. Tsige –

Page 86

Hollinsworth v. BCTV – Page 87

INVASION OF PRIVACY

Слайд 11 Elements:

Unauthorized use of or interference with the property

Elements:Unauthorized use of or interference with the property of anotherImmaterial whether

of another

Immaterial whether property initially came into Defendant’s possession

lawfully.

CONVERSION

Слайд 12 Elements:
Damaging reputation of another person by making

Elements: Damaging reputation of another person by making untrue statementTest is

untrue statement

Test is “does the statement made cause other

persons to think less of the Plaintiff?”

May be in two forms: libel and slander.

Defamatory statement must be published

INTENTIONAL TORTS: DEFAMATION

Слайд 13 Innocent dissemination (libraries etc)

Absolute privilege

Qualified privilege

Fair comment
DEFENCES TO

DEFAMATION

Слайд 14 Marketing product (based on
physical characteristics, labeling etc)

Marketing product (based on physical characteristics, labeling etc) in such a

in such a manner as to confuse public
that

is that of another person or is
associated with another company
(piggybacking on business reputation
of another)

Passing off is misrepresentation of
origin of product or service

INTENTIONAL TORTS: PASSING OFF

Слайд 15 False statements about a business
which causes the

False statements about a business which causes the business to suffer

business to suffer a
Loss (E.g- disparaging a competitor’s

product)

INJURIOUS FALSEHOOD

Слайд 16
Elements:

Intention on part of defendant to injure business

Elements:Intention on part of defendant to injure business of another person.Interference

of another person.

Interference by illegal or improper

means

- Quantifiable harm

Examples:

Inducing breach of contract

Business intimidation which affects business interests

Inducing breach of duty to maintain information confidential.

See: Lumley v. Gye – Page 110
Reach MD – Page 111

UNLAWFUL INTERFERENCE WITH ECONOMIC RELATIONS