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Intentional Torts

Intentional Torts. Law in Action – Ch. 15. Intentional Torts = actions intended to cause injury to others by interfering with their personal safety, health or enjoyment of property The key = the element of intent

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Intentional Torts

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  1. Intentional Torts Law in Action – Ch. 15

  2. Intentional Torts = actions intended to cause injury to others by interfering with their personal safety, health or enjoyment of property • The key = the element of intent • The perpetrator must want to bring about a specific result or consequence of their actions OR be substantially certain their actions will have a specific result or consequence • An intentional tort MUST cause injury – physical or reputational • Intentional torts often have 2 legal consequences: • Criminal law & Civil law

  3. Intentional Interference with the Person: • Assault – plaintiff must prove the defendant threatened imminent harm, that they believed the threat was genuine and that the defendant could have carried out the threat • Battery – intentionally touching someone without his/her consent – it does not have to injure, but it must “offend” the person in some way • Would a reasonable person not like the contact? • Assault & battery are often linked together

  4. Sexual Assault – compensation for sexual abuse, spousal abuse, incest • Medical Battery – improper explanation of a procedure, performing the wrong procedure, consent obtained through fraud, lack of consent • False Imprisonment – being confined without legal justification and against your will and you cannot escape • Plaintiff must show defendant restrained their liberty • Defendant must show restraint was legally justified

  5. Malicious Prosecution – if criminal proceedings vs. a person are unjustified; abusing the court process • Being charged with a crime with no reasonable cause • Investigator is motivated by malice • Defendant suffers harm due to wrongful prosecution • Nervous Shock & Mental Suffering – someone who deliberately shocks a person in a way that causes emotional stress or illness; the defendant’s conduct must be extreme and intentional • Invasion of Privacy – protection of personal property • Some provinces have laws to protect privacy • BC recognizes this as a tort

  6. Intentional Interference with Property: • Trespass to Land – anyone who intentionally enters your property without permission or legal authority • Nuisance – unreasonable annoyances and interferences that prevent you from enjoying your property • Trespass to Chattels – intentional interference with someone’s “chattels” – personal property e.g: car, art, clothes, jewelry… • Conversion – unauthorized interference with another’s property that deprives the owner of its use

  7. Defamation of Character – injury to a person’s reputation or good name by slander or libel • Slander – an oral statement or gesture that damages a person’s reputation • The plaintiff must prove the statements were made to someone other than the plaintiff and that they would lower the plaintiff’s reputation in the eyes of a “reasonable” person • Libel – defamation in permanent form – statements that are written, recorded or filmed • This is more serious than slander – the damage is greater as the publication is more widespread

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