Chapter 4 Flashcards
What is a tort
A Tort is committed when one person causes injury to another, harming their person, property or reputation.
The Nature of Torts
- Intentional – compensates a plaintiff for something done to them with a level of intent
- Negligence – the tortfeasor did not intend to cause harm but failed to act reasonably, thereby causing harm (Chapter 5)
- Strict Liability – the tortfeasor didn’t intend to cause harm and wasn’t negligent, but legislation imposes immediate liability.
Remedies
Tort Compensation: “make them whole” - purpose is to get the plaintiff as close as possible to their original, pre-injury position
Types of Compensation:
- General Damages: pain and suffering or for future lost wages (most common)
- Special: reimburse the litigant for expenses or costs incurred before the trial
- Punitive: not to compensate the victim but rather to punish the wrongdoer
Vicarious Liability
Not a discrete tort - liability without personal fault
- Imposed on employers when they are held liable for torts committed by employees during the course of their employment
Intentional Torts
Intentional: means that the conduct was intended or deliberate (wilful) as opposed to inadvertent
Assault
An intent to cause a reasonable apprehension of immediate or offensive contact
Battery
intentionally making unwanted contact with another person (Includes threats)
Defences to Assault & Battery
Consent & Self defence
Trespass to Land
Being on another’s land without lawful right or the
owner’s permission (Ignorance is not a defence) Occupier owes a no duty of care to trespassers unless they are a minor
Wrongful Interference with Goods
Three kinds:
Trespass to chattels
Conversion
Detinue
Trespass to chattels
Where the plaintiff has possession that is interfered with physically by the
defendant (Vandalism)
Conversion
Involves one person intentionally appropriating the goods of another person for their own
purposes (Theft)
Detinue
Where a person is wrongfully retaining goods (May have come into possession of them legally but refuses to return them)
False Imprisonment
- The unlawful and intentional restraint of persons against their will (Defence is citizens arrest)
Malicious Prosecution
- Available to victims of improper use of criminal justice system