Intentional Torts
Chapter 15
When someone intentionally injuries a person or interferes with a person==s property, an intentional tort
has been committed. An intentional tort differs from an unintentional tort in that the perpetrator of an
intentional tort intends to bring about a specific result or consequence. If Sam deliberately swings a stick
at Joe and hits him in the head giving him a concussion, an intentional tort has occurred. An intentional
tort also has to cause injury. If your neighbour spreads a false rumour that you are using your basement
as headquarters for drug dealing, for example, and as a result, you are asked to resign from your
coaching position on the local basketball team, your reputation has been damaged and an injury has
taken place.
Intentional Interference with the Person One of the largest categories of intentional torts is known as
AAintentional interference with the person@@ and it includes offences such as assault, battery, medical
battery, false imprisonment, and malicious prosecution.
When we hear the word assault, we tend to think of a harmful physical act. In tort law, however, the
plaintiff simply has to prove that the defendant threatened harm, the plaintiff believed the threat was
genuine, and the defendant could have carried out the threat. Assault is often followed by battery, the
intentional touching of someone without that person==s consent. The touching doesn==t have to injury
anyone, but it has to offend the person in some way.
If someone confines you without legal justification and against your will, and you cannot escape, the tort of
false imprisonment has occurred. The word false in this instance means AAwrongful.@@ You do not have to
be held in a jail to be falsely imprisoned. You could be held against your will in someone==s car, or in a
room-wherever a situation is so intimidating that you feel you have no option but to stay.
How many times have you seen a movie in which a person is charged and tried for a crime he or she did
not commit? Such scenes can also happen in real life. Suppose Ly is arrested and charged with murder,
even though the police have little evidence against her. The judge dismisses the case due to a lack of
evidence. If the police and the Crown acted in good faith, Ly probably could not be compensated for the
mistake. However, if, the criminal proceedings against her were unjustified, she may be able to claim
malicious prosecution. Malicious prosecution is the wrongful prosecution of a person without reasonable
and probable cause.
Intentional Interference with Property
Intentional torts also include interference with a person==s property. In most cases, anyone who
intentionally enters your property without permission or legal authority is committing the tort of trespass.
Nuisance is another type of trespass. A private nuisance could be loud noise, noxious fumes, or barking
dogs that prevent you from enjoying your property. A public nuisance is interferes with the public interest
in areas of safety, health, comfort, convenience, or morality. An oil spill that damages a coastline is an
example of a public nuisance.
In tort law, moveable property such as clothes, jewellery, bikes, and furniture are known as a chattel. If
people intentionally and directly interfere with someone==s chattels, they have committed a trespass. In
criminal law, if someone takes your property with the intention of depriving you of it, even temporarily, it is
considered theft. The civil law equivalent of theft is conversion.
Defences for Interference with the Person or Property
The defendant being sued for an intentional tort has a variety of available defences. One defence is
consent. If someone voluntarily agrees to a specific physical contact, that person cannot argue that you
committed an intentional tort unless your actions went beyond the contact that was consented to. The
defence of consent can also be used in the tort of AAtrespass to property.@@ If your neighbour gives you
permission to be on her property, then sues you for trespassing, she would likely be unsuccessful unless
you damaged the property or abuse the purpose for which you were allowed to enter the premises.
Another defence is self-defence, using reasonable force to protect yourself against physical attack or a
threat of violence. People are also allowed to use force in the defence of a third party, if they believe at
the time that someone else is in immediate danger.
Defamation of Character
We have all seen headlines in tabloids or magazines that sensationalize the lives of celebrities or make
damaging statements about someone==s life? If the accusations are unfounded and cause injury to a
person==s fame, reputation, or character, these media can be sued for defamation. Defamation is
generally divided into two categories-slander and libel. Slander is the oral statement or gesture that
damages a person==s reputation. Libel is defamation in a permanent form, such as statements that are
written, printed, recorded, or filmed, or depictions, such as cartoons, drawings, or carvings.
Defences to Defamation
The strongest defence to slander or libel is truth. A plaintiff who sues for defamation will not succeed if
the defendant can prove that the statements are true. Fair comment is another defence used by critics or
reviewers are expressing a personal opinion based on fact regarding a matter of public interest. Politicians
and other state officers also have a defence known as absolute privilege, which allows them to speak
openly about a others without fear of legal actions. The statements must be made in Parliament, provincial
legislatures, or court.
Questions:
Worksheets:
p.391: 1-3
p.393:1,2 (to be answered in class)
p.395:1,2 (to be answered in class)
p.398:1-3
p.401:1-3
p.407:1,2
p.408:1-4,6,7
p.409-410:1-3,5,7,8,10
BLM 15-1
Assignments: