Chapter 4, 5 Flashcards
(23 cards)
What is Tort Law vs Public Law
Tort Law is known as “Private Law” (Person vs Person)
* Civil wrong against a person or a person’s proper
* Remedy is usually money damages, for compensation to make person “whole” again as if tort has not occurred
* Plaintiff vs defendant - defendant may be found “liable”
Criminal Law “Public Law”
* Wrong against society
* Crown vs accused - may be found “guilty”
* Punishment, deterrence, not compensation for victim
List the inetntional interferences with the Person
- Assult
- Battery
- False Imprisonment
- Defamation
What is Assult? And the Remedy?
-
Assault
○ Tort of assault is an intentional assault
○ Needs two things:
§ You have to show that person is doing the threatening, there is an actually have an intent to harm
□ The wrong is the threat, not action
□ Ex. A customer threatens to hit a worker
§ Needs to be immediately
□ Example: If someone raises their fist, it creates a threat of immediate harm. But if someone merely talks about harming you in the future, it doesn’t count as assault.
○ There is never really contact in civil assault
○ The remedy is usually to make person “whole” again and that’s with not physical damages, but phycological damages
○ Sometimes there’s can be punitive damages for reckless behaviour
○ Vicarious liability of employer (if employee or employer committed an assault)
What is Battery? What is the defense?
Battery
* Is unconsented touching indirect or direct (DOES NOT HAVE TO BE INTENT TO HARM HERE)
○ Ex. A medical procedure you did not consent to
○ Ex. Object being thrown at you (indirect), unwanted kissing, doesn’t have to be violent
* Or is a force applied to another with the intent to harm
Employers may be vicariously liable if an employee commits battery in the course of their job.
- Defense
○ Provocation - partial defense, reduces damages
○ Self-defense - no liability, complete defense if force was reasonable to protect oneself, and must show:
§ A threat was present
§ No other means to escape - Consent - full defence ex. Hockey, football, (contact sports)
Necessity of medical situations, doctors engaging in life saving measures
What is False Imprisonment?
False Imprisonment
* Confining someone
* Has five elements
○ Intentional confinement - not to have to be physical restraint
○ Lack of consent
○ Belief of serious consequence if escape
○ No lawful authority
○ No other route of escape
* Ex. Maria is shopping in a department store. As she exits, a security guard stops her and accuses her of shoplifting, even though she has a receipt. Despite her explanation, the guard locks her in a back office for 45 minutes, refusing to let her leave or call anyone. Eventually, they realize it was a mistake and let her go.
What is Defamation?
- Defamation
* Balancing freedom of expression with protection of reputation - protecting one’s reputation and protecting freedom of expression
* Elements of Defamation
○ Statement is made to third party, not to plaintiff (ex. Someone says, Jessica lied to her resume to medical school)
○ Statement must be specific enough that the third party can relate it to the plaintiff (not a good ex. Somebody in our class cheated on the exam)
○ Statement must be false
Statement tends to lower the person in the estimation of a reasonable person - something that is very negative
Defamation: what is Libel? what is Slander?
- Libel (putting something on the internet)
○ Harm is presumed
○ Published on print, TV, internet (larger exposure and permanent = larger awards) - Slander (saying something)
○ Harm needs to be proven in order to obtain damages or else nominal damages - Public disclosure of private information (ex. Revenge porn); false Google reviews
For Defamation, what are the defenses?
Defenses
* Truth
* Qualified privilege - protects where person has a duty to make a statement
○ Ex. If you’re a doctor, and notices child abuse, reports child abuse, but its find that there’s no child abuse. Doctor is protected by law to call child services
* Absolute privilege - statements made in Court, parliament, between spouses (even if untrue or with malice)
* Fair Comment - protect persons who must deliver info to the public
Responsible Communication - on matter of public interest
List the Intentional Interference with Land & Chattels
- Trespass to land
- Conversion of Goods
What is Trespass to land ? what are the damages
**Trespass to land **
○ Entering a land of another person’s without their consent
○ Or, refusing to leave a person’s property when they asked you to leave
§ Ex. Customer being rude to employees, manager can have them “trespassed”
* You don’t have to prove harm
* May get nominal damages
* BUT — Occupier’s Liability Act: deals with occupiers (owner) of land to keep its property safe,
You have to have some duty of care to trespasser (you can’t set up traps for them if they go on your property)
what is Conversion of Goods?
- Conversion of Goods
○ Someone takes something that is yours, or even innocently taken (someone takes your bicycle when they think its theirs), taking item without a person’s consent
○ Damages may be equal to the value of goods converted
Tort Crimes: what is Slander of title and/or goods?
Slander of title
* False statement that business may be selling stolen goods; obtained in violation of copyright, patent or import laws,
Slander of Goods
* False statement alleging goods of competitor are shoddy; attempt to increase market share
People are making a untrue statement about goods, “hair product makes hair green, in order to increase their hair business profits”
What is Breah of Confidence and Fradulent Conversion?
Breah of Confidence
* Employee selling trade secrets (ex. McDonald’s big mac sauce)
Fraudulent Conversion
Get goods through fraudulent means (fake ID, cheque on fake bank account)
Define Strict Liability
Strict liability: responsibility of loss regardless of the circumstances
* Applies to cases where activities are inherently dangerous
○ Ex. Water mill, even though built well, floods gold mine - watermill company was found strictly liable
Defenses: Act of God - lighting struck watermill, which caused flood
what is Vicarious Liability
Vicarious Liability: employer is responsible for employee
Applies when one person controls the activity of an another
what is Occupier’s Liability
Occupier’s Liability: is the legal responsibility of someone who controls or occupies a property (not necessarily the owner) to ensure that people entering the property are safe.
* Doesn’t have to be the landlord, it can be the tenants living there that has to take care of it
what is Product Liability
Product Liability: refers to the responsibility of manufactures to have a duty of care to end users
* Ex. Seatbelt material isn’t sewed correctly, which may harm passenger of car
Ex. Manufactures must label things properly - “not for babies”
what is Nuisance
Nuisance: interference with the enjoyment of real property, material interference with a person’s psychical comfort
* Ex. Noise, smoke, fumes, etc. - usually new to an area
* However if you move into an industrial area, you know what you’re getting into
Remedy
Injunction - get person to refrain from doing certain acts
Common defenses for Tort: what is Contributory negligence
Contributory negligence: when actions of injured party contributed to their own injuries
If you were in accident, and you didn’t wear your seatbelt
What is Voluntary assumption of risk
Voluntary assumption pf risk: entering into activities where you know risk is involved
What is Act of God, Waiver, and Release
Act of God - a natural disaster, beyond human control
Waiver - express or implied renunciation of a right or claim
Release - promise to not sue or press a claim or discharge of a person from any responsibility to act
what is the Doctrine of laches
Doctrine of laches - no relief with be granted if person delays bringing in an action for an unreasbly long time
Max time is 2 years to bring it to court
What are some Tort Remedies? List
- Compensatory damages - monetary damages
- Special damages - covers specific losses
- General damages - compensation for pain and suffering, future health issues =, etc.
- Punitive damages
- Injunctions and court orders
- Nominal damages - small amount of damages
