Chapter 3

Monday, May 13, 2013

3:14 PM

 Scope of Tort Law

 

Tort

A wrongful act causing harm to the person or property of another

• Identifies a set of circumstances that creates a right to claim compensation
• A way of apportioning loss. (other ways include insurance and government compensation schemes

 

 Development of the tort concept

 

 

Modern Law concepts

• The fault of the defendant
• Causation
• Is the fault considered a cause of harm?

 

 Basis

 

Fault

Unjustifiable injurious conduct that intentionally or carelessly disregards the interests of others.

• Creates the deterrent effect: be more careful to not may consequences

 

Strict Liability

Liability that is imposed based upon causation regardless of fault.

 

Public Policy

Considerations or objectives that are considered beneficial to society as a whole.

• Morals of the public

 

No-fault insurance

A system of compulsory insurance that eliminates fault as a basis for claims

• Eg Canadian automobile accident claims

 

Workers' Compensation

Scheme in which employers contribute to a fund used to compensate workers injured in industrial accidents regardless of how the accident was occurred.

• Inevitable price of doing business

 

Vicarious liability

Liability of an employer to compensate for torts committed by an employee during the course of his or her employment

• Reasons
• Employees has limited assets available
• Fair that person who makes profit from an activity should be liable for any loss

 

 Intentional torts

 

Trespass

Unlawful entering without permission

 

Assault

Threat of violence to a person.

Battery

Physical contact with a person.

 

Public Nuisance

Interference with the lawful use of public amenities

Private nuisance

Interference with an occupier's use and enjoyment of her land

 

False imprisonment

Unlawful restraining or confinement

 

False arrest

Causing a person to be arrested without reasonable cause

• A real risk liability

Malicious Prosecution

Causing a person to be prosecuted for a crime without honest belief that crime was committed

• Someone who honestly makes a complaint to the police is OK, since there is honest belief.

 

Defamation

Making an untrue statement that causes injury to reputation of another person.

• Libel
• Written
• Slander
• Spoken
• Requires publication (communicating statement with third party/public)

 

• Defenses against charge:

 

Absolute privilege

Complete immunity from liability for defamation

• The statements are true
• In certain environments: parliamentary debate, court proceedings,…

 

Qualified privilege

Immunity through statement that was made in good faith

 

Responsible communication on matters of public interest

Defense used when publication of statement is in public interest and was done responsibly.