TORT LAW I’ll sue!! Introduction • Tort is the French word for a “wrong.” • Tort law protects a variety of injuries and provides remedies for them. 4-2 Introduction (continued) • Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property. 4-3 Introduction (continued) • Tort damages are monetary damages that are sought from the offending party. • They are intended to compensate the injured party for the injury suffered. 4-4 Copyright © 2004 by Prentice-Hall. All rights reserved. Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society. 4-5 Categories of Torts Intentional Torts Unintentional Torts (Negligence) Strict Liability Torts 4-6 Torts Intentional Assault & battery Defamation False Imprisonment Unintentional Trespass Negligent Investigation Nuisance Negligence Strict Liability 4-7 Intentional Torts • A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries. • There are two categories of intentional torts: ▫ Intentional torts against persons ▫ Intentional torts against property 4-8 Intentional Torts Against Persons (continued) • Assault ▫ The threat of immediate harm or offensive contact; or ▫ Any action that arouses reasonable apprehension of imminent harm. ▫ Actual physical contact is unnecessary. 4-9 Intentional Torts Against Persons (continued) • Battery ▫ Unauthorized and harmful or offensive physical contact with another person. ▫ Actual physical contact is necessary. 4 - 10 Intentional Torts Against Persons (continued) • False Imprisonment ▫ The intentional confinement or restraint of another person without authority or justification and without that person’s consent. 4 - 11 Intentional Torts Against Persons (continued) • False Imprisonment (continued) ▫ Merchant Protection Statutes – allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if: There are reasonable grounds for the suspicion, Suspects are detained for only a reasonable time, and Investigations are conducted in a reasonable manner. 4 - 12 Intentional Torts Against Persons (continued) • Defamation of Character ▫ False statement(s) made by one person about another. The plaintiff must prove that: The defendant made an untrue statement of fact about the plaintiff; and The statement was intentionally or accidentally published to a third party. The words caused economic loss 4 - 13 Intentional Torts Against Persons (continued) • Defamation of Character (continued) ▫ Slander – oral defamation of character. ▫ Libel – a false statement that appears in a letter, newspaper, magazine, book, photo, video, etc. 4 - 14 Defences to Defamation • The statement was true • Absolute and qualified privilege • Fair comment 4 - 15 Absolute Privilege • MPs and other public people can say things openly and honestly without risk of being sued. Qualified Privilege • Expressing opinions as part of a public job. Comments must be proven to be made without malice. 4 - 16 Fair Comment • Media critics who review various events provide information to the public and therefore have the right to comment honestly on events without fear of legal action. • *Must not be not be malicious 4 - 17 Intentional Torts Against Property • There are two general categories of property: ▫ Real Property – consists of land and anything permanently attached to that land. ▫ Personal Property – consist of things that are movable. Automobiles Books Clothes Pets 4 - 18 Intentional Torts Against Property (continued) • Trespass to Land ▫ A tort that interferes with an owner’s right to exclusive possession of land. 4 - 19 Intentional Torts Against Property (continued) • Trespass to Personal Property ▫ A tort that occurs whenever one person injures another person’s personal property; or ▫ Interferes with that person’s enjoyment of his or her personal property. ▫ Includes Landlord/Tenant agreements 4 - 20 Intentional Torts Against Property (continued) • Nuisance ▫ A tort that deprives a true owner of the use and enjoyment of his or her personal property by: Preventing enjoyment of someone’s property Example? 4 - 21 Intentional Torts Against Property (continued) • Negligent Investigation ▫ Allows someone wrongly accused and convicted f a crime to sue the police if they cause harm by conducting an investigation negligently or sloppily Example: Hill v. Hamilton-Wentworth Regional Police Services Board, 2007 Pg. 415 4 - 22 Defenses for Trespass 4 - 23 4 - 24