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Crim135 - topic #9 - Tort Law

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CRIM 135
Graeme Bowbrick

TOPIC #9 – TORT LAW Classification of Torts Tort Law Intentional Torts Unintentional Torts Injuries to the Injuries to Nuisance Negligence Person Property Injuries to the Body Injuries to Injuries to Injuries to Reputation Real Property Personal  Assault Property  Battery  Libel  Trespass  False  Slander Imprisonment  Malicious Prosecution Tort Law  Tort = Private wrong  Criminal law = public interest, catch offender & punishment  Tort law = private interest, compensation – not for punishment  many torts arose from common law over time A. INTENTIONAL TORTS  a deliberate infliction of harm  Extent of Liability- Automatically entitled to compensation of all harm done  Normally would not sue unless compensation is worth more 1. Injuries to the Person (a) Injuries to the Body (i) Assault o “Intentional recreation of a reasonable apprehension of imminent, offensive or harmful contact” o Apprehension of assault – no physical contact - eg apprehension „waving of fist‟ , threatening with knife/gun o Imminent – must be immediate danger o The „tort of assault‟, different from „crime of assault‟ o Typically (not always) precedes the battery o Anything „harmful‟ and „offensive‟ – thus include spitting - eg Smelling your hair – “may not be harmful, but is offensive‟ (ii) Battery o “Actual infliction of contact” – the actual punch, stabbing, spitting, touching o Usually use assault & battery at the same time, but if someone suddenly attack you from behind, you can‟t sue for „assault‟ (iii) False Imprisonment o “When one person intentionally confines another person, within fixed boundaries and without lawful justification, and no reasonable means of escape” o Citizen’s Arrest – anyone who works for or owns the property can carry out citizen‟s arrest on anyone who commits any criminal offence on their property  this is lawful justification (b) Injuries to Reputation (iv) Defamation o “When someone makes an untrue statement about another person, that undermines how that other person is perceived in society  to be viewed with hatred, contempt and ridicule “ o Can only be sued if the fact is „untrue‟ – whether you know it is true or not, it is still defamation “careless with the truth” o Two forms:  Libel – statement takes a permanent form – something published, public, recording audio/video, social media, etc  Slander – not in permanent form (v) Malicious Prosecution o “Police or prosecutor pursue a criminal prosecution with malice (desire to inflict harm) and without reasonable cause” o Involves law enforcement contact o Too careless with pursuing a prosecution of somebody o Can only sue if you are acquitted or case is dropped o Quite rare- usually happen when there is great pressure from public to solve certain crime, so police want to produce result and zero in on particular suspect without doing proper investigation, got the wrong person – their goal is to get anyone just to satisfy public demand, thus they got
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