Class 3: Intentional Torts
*DEFENCES TO INTENTIONAL TORTS* What are the Complete Defences?
As a matter of risk management, the intentional torts require you to be not only careful, but also correct. Complete defences protects tortfeasors from all liabilities -Consent -Legal Authority -Self-Defence -Necessity
*Interference with Chattels* What is a Chattel? What torts exist to protect them? (Basis of tort, and general remedy in pics summary)
Chattels are moveable forms of property (horses, cars, books...) Rules are complicated because there are several torts to protect chattels. Torts: -Trespass to chattel -Conversion -Detinue
*PARTIAL DEFENCES* What is it? Types?
a partial defence allows a court to reduce damages on the basis of the plaintiff's own responsibility for a loss or an injury -Provocation -Contributory Negligence
What is the very important exception to the tort of conversion?
While an innocent purchaser of goods (such as cattle, cars, or jewellery) may be held liable, an innocent purchaser of money has nothing to fear. For example, if a thief steals my watch and sells it to you for $100, you have committed a tort against me. But if a thief steals my $100 bill, and sells it to you in exchange for your own watch, you are not liable for conversion It wants to ensure that money flows freely through our economy. The business world quickly would grind to a halt if every shopkeeper felt compelled to ensure that every customer actually owns the money being offered as payment.
*Assault and Battery* What is Assault? Battery? Difference between the 2? While you may be entitled to...
*Assault* The Tortfeasor intentionally causes the victim to reasonably believe that offensive bodily contact is imminent. (No Physical Contact is Required) -The tort is not based on physical contact. It is based on a reasonable belief that such contact will occur. The tort is designed to keep the peace by discouraging people from alarming others. (its assault if you try to punch me but miss, ut if u punch me from behind its not assault, it's battery) *important points* >Belief- based on belief contact would occur >Imminent Contact- plaintiff must have believed bodily contact was imminent (more immediate) >Offensive Contact- Even if plaintiff wasn't frightened, or cause no harm, assault happened *Battery* Often paired with Assault. -An Offensive Bodily contact. Contact: It is enough if the defendant causes something, such as a knife or a bullet, to touch the plaintiff. It also is enough if the defendant makes contact with the plaintiff's clothing or with something that the plaintiff is holding Social Interaction: not all forms of contact are offensive. It is not battery if you tapped my shoulder for attention. While you may be entitled to make a citizen's arrest, or remove a trespasser from your property, or recover your goods from a thief, you can never use anything more than reasonable force. You cannot, for instance, set a deadly trap to catch a burglar or viciously beat a bike thief. If you go overboard, you may be sued in tort or prosecuted for a crime
*Invasion of Privacy* What torts protect privacy?
Privacy is *indirectly* protected by torts. Torts that protect Privacy: •Trespass to Land > photographer who sneaks onto someone's property to obtain candid pictures commits the tort of trespass to land •Breach of Confidence >Employees who publish embarrassing details about their employer's private life may be liable for breach of confidence •Intentional Infliction of Mental Distress >As a practical joke, the defendant cruelly told a woman that her husband had been badly injured, knowing that she was likely to be terribly upset. (i) acted in an outrageous or unjustified manner, (ii) either intending to cause emotional distress or callously disregarding that possibility, and (iii) caused the plaintiff to suffer a serious emotional injury. -Abuse of private information (magazine posting pic of me coming out of anonymous drug meeting) -Misappropriation of Personality (using celebritys image to sell a product) -Negligence (newspaper posts name of 14 year old victim)
*Trespass to Land* Can just any tresspassing be a tort? What is the remedy?
*Trespass to Land* -occurs when the defendant improperly interferes with the plaintiff's land -Owns the right to everything below and above the land. -Intention is Key (ball landing and me retrieving it is not a tort) -Reasonable arrests can be made if trespasser refuses to leave- Last resort. The usual *remedy* for a trespass to land is compensation for the harm that it caused. However, a court may also award nominal damages if there was no loss, or punitive damages if the defendant's conduct was shockingly bad. Furthermore, if the defendant's wrong is ongoing, the court may impose an injunction to stop the trespass. For example, if a company constructs a billboard on a person's land without permission, a judge may demand that it be torn down
*provocation*
*provocation* consists of words or actions that would cause a reasonable person to lose self-control In a typical case, the defendant "snaps" after being taunted and insulted by the plaintiff. The defendant is held liable for the physical attack, but the plaintiff is not entitled to full compensation
*False Imprisonment* -Confinement -Psychology -Risk Reduction -Malicious Prosecution
-Occurs when a person is confined within a fixed area without justification. Confinement >can be in a car, room, boat... Tort isnt applicable if plaintiff could escape easily. Psychology >Physical force is not necessary. >A cop in a uniform may force u to wait in the backroom. Risk Reduction >can reduce risk by calling a cop to detain a thief. Malicious Prosecution >defendant improperly causes the plaintiff to be prosecuted >release a news article about someone shoplifting leading tho their arrest (out of malice) It is not confinement if the plaintiff consented.
*Trespass to Chattels* When does it occur?? Remedy?
-Occurs when the defendant interferes with the plaintiff's chattels. >Damages, destroys, takes, or uses or even touch. *remedy* Compensation is the go-to. Amount depends on circumstances. (if u burn my car u pay for either the fix or a new one)
*Consent* What is it? Examples? Consent can be?
-The most important defence. -Consent exists if a person voluntarily agrees to experience an interference with their body, land, or goods -Can borrow friend's car without commited conversion -Bus doesn't need to let you out at a specific stop. Can be *expressed* or *implied*
*Legal Authority*
-provides a person with a lawful right to act in a certain way. Acts that are legally authorized cannot lead to liability in tort. -police can arrest -meter readers can enter property
What are intentional torts?
1. Assault 2. Battery 3. Invasion of Privacy 4. False Imprisonment 5. Trespass to land 6. Interference with Chattels Intentional torts involve intentional, rather than merely careless, conduct.1 To take an obvious example, the defendant commits the tort of battery by deliberately punching the plaintiff. Somewhat surprisingly, however, tort law's definition of "intention" goes much farther. The plaintiff merely has to prove that the defendant intended to perform the physical act that is required for an intentional tort. A court will not demand proof that the defendant also intended to do wrong or cause an injury
So what is the difference between conversion and trespass to goods?
Although trespass can be used for very serious matters, it is usually used for less serious ones. Conversion, in contrast, can be used only for serious matters The main difference between trespass to chattels and conversion is the degree of interference. Conversion occurs when a person uses or alters a piece of personal property belonging to someone else without the owner's consent. The degree of interference for conversion must be so serious that the tortfeasor, or person accused of committing the tort, may be required to pay the full value of the property. Once again, the tort may be committed even if the defendant did not intend to do anything wrong. It is enough, for instance, that you intended to exercise control over a part
*Necessity*
Necessity is a rare, but important, defence. The defence of necessity applies if the defendant's actions were justified by an emergency. The defence may protect, for example, a physician who provides urgent medical care to an unconscious patient, or a person who tore down a neighbour's house in order to prevent the disastrous spread of a fire.
*Conversion* When does it occur? What is the usual remedy? What facts does the court consider to ensure the actions are serious enough to justify conversion?
Occurs when defendant interferes with the plantiff's chattels in a way that is serious enough to justify a forced sale. -Court forces defendant to 'buy' the chattel at market price and transfer ownership to them. COnsiders: -The extent to which defendant exercised ownership over chattel -the extent to which the defendant intended to assert a right that was inconsistent with the plaintiff's right to the property -the duration of the defendant's interference - the expense and inconvenience caused to the plaintiff Conversion is clearly committed if a thief steals my property or if a vandal destroys it. The tort may also occur if you habitually use my umbrella without my permission, but not if you use it only once because you were caught in a downpour.
*Detinue* Occurs when? Remedies?
occurs when the defendant fails to return a chattel that the plaintiff is entitled to possess. -plaintiff is normally required to demand possession of the property before bringing an action *Remedies* Returned Chattel >tort ends as soon as defendant returns the property. Plaintiff is then limited to compensation for losses suffered during detention Judicial Restoration >if property not returned by trial, plaintiff cn seek the defendant to do so via court. Judge may require property be returned if damages does not satisfy plantiff.
*Contributory Negligence* Occurs when?
occurs when the plaintiff is partially responsible for the injury that the defendant tortiously caused. Because responsibility is shared between the parties, the defendant is held liable, but damages are reduced to reflect the plaintiff 's contribution to the injury.
*Self Defence*
self-defence is tied to battery and assault. Self-defence consists of the right to protect oneself from violence and the threat of violence. It is available only if a person was at immediate risk. the same rules generally apply if the defendant, having been sued for battery or assault, pleads defence of a third party.
