Intentional Torts
As people interact during day-to-day life, they are likely to come into physical contact
with other people. For instance, if an individual is standing in a crowded elevator while
others are getting on, he/she may be bumped, or a foot may be stepped on. No real harm
is done. No one is behaving in a negligent manner or intending to cause harm.
When harm is deliberately caused, for example, when one person punches another in the
face, an intentional tort has been committed. The person doing the punching is
responsible for any injury caused by the action.
Intentional torts take place when someone deliberately comes into contact with another
person or his or her property to the point where damage is done. Intentional torts that
involve harm to people include:
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battery - intentional physical touching by another person without consent
assault - the threat of force where there is reasonable fear of immediate physical
contact.
false imprisonment - illegally confined against his/her will.
invasion of privacy – this area is evolving in light of the advancing technologies
in the communications industry
malicious prosecution - wrongfully initiating criminal proceedings against an
individual.
defamation. - damage to a person’s reputation or good name, either in oral form,
called libel, or written form, called slander.
Intentional torts which involve property include:
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harm to goods or land through trespass - when goods are damaged, when land is
infringed upon through presence of another person or
if another person places debris on the land of an
owner
nuisance - something interferes with that person’s use and enjoyment of personal
property
Occupier’s Liability
The tort law requires that each occupier of land (owner, renter, or leasor) maintain the
duty of care with respect to others invited or trespassing onto the property. The standard
of care varies according to the circumstances of the entry. The highest standard of care is
owed to a person on premises by invitation, either expressed or implied, for the purpose
of business or material interest (students in a school, service personnel coming to make
repairs, theatregoers and customers in a store). A lower standard of care is required
regarding the licensee (a social guest, or one from whom the owner will gain no
economic benefit), while the lowest standard of care is owed to the trespasser.
Strict Liability
In certain situations people will be held responsible for damage even though they did not
act negligently or intend to cause any loss or harm. This is called strict liability.
An example would be people who keep wild animals, such as tigers or snakes. Even
though safety precautions such as cages or fencing may be in place, the keeper of the
wild animals would be held legally responsible in the event of harm caused by their
escape.
Vicarious Liability
In some circumstances, responsibility lies not only with the person undertaking (or failing
to undertake) an action, but also with an individual responsible for the actions of another.
Examples include, responsibility of a vehicle owner for the vehicle even when the owner
is not the operator, a parent who is responsible for the actions of a child or an employer
responsible for an employee. In such cases, liability insurance is available to offset
damages that may be associated with vicarious liability.
In the area of intentional torts, defences include:
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informed consent - defendant tries to prove that the plaintiff agreed to interference
with their person, property or goods
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self-defence - may be used as defence to the tort of battery, if the defendant is
able to prove the fear of physical injury, and only if the force
used is not excessive or beyond what is reasonably necessary
under the circumstances
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legal authority - An individual sued for assault and battery during an arrest may
use the defence of legal authority, because the individual has a
legal right to arrest another using reasonable force
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discipline - both criminal and tort law allow parents and teachers to use
reasonable force in disciplining children, provided there is no
intention to harm a child