Class Notes (836,147)
Canada (509,656)
Criminology (2,192)
CRIM 135 (165)

Crim135, Topic #8 - Tort Law

3 Pages
Unlock Document

CRIM 135
Graeme Bowbrick

TOPIC #8 – TORT LAW I. INTRODUCTION  Tort  private wrong doing  Crime  public wrong  Tort law  Focus on compensation  Presumes that harm has occurred, not just private wrong was committed  Criminal law  Catching and punishing II. INTENTIONAL TORTS 1. Introduction  Involve a deliberate infliction of harm (intentional) 2. Types of Intentional Torts (a) Injuries to the Person  Physical harm OR harm to reputation (i) Assault  An intentional creation of a reasonable apprehension of imminent, offensive, or harmful contact  No actual physical contact , an apprehension  i.e., verbal threat, waving fist  something that will IMMINENTLY happen. o “I will beat you up next year” is not assault (ii) Battery  The actual infliction of the offensive or harmful contact  Waving sword – assault, stabbing – battery  Battery without assault (i.e., jumping you from behind; don’t see it coming)  Includes spitting, even simple touching – because offensive (iii) False Imprisonment  One person intentionally confines another person within fixed boundaries without lawful justification and with no reasonable means of escape  Fixed boundaries – put you in a room. Mean of escape – under authority, no choice  Somebody who works for owner of property (i.e., someone who works for a store), can carry out citizen arrest on anybody they see committing criminal offense. (iv) Defamation  When someone makes an untrue statement about a person which undermines how the person is perceived in society o Exposing that person to hatred, contempt, and ridicule  2 forms: o Libel – the statement takes on a permanent form; recorded: in writing, audio, digital files, etc o Slander – defamation not in a permanent form  Untrue statement doesn’t have to be lie. 1 o Careless with truth, not knowing whether it is true; unknowingly make a false statement (v) Malicious Prosecution  Police or prosecutors pursue a criminal prosecution with malice and without reasonable cause  Also harm to reputation  Can only sue if you are acquitted or charges are dropped (b) Injuries to Property  Tort of Trespass : An intentional interference with the use or possession of somebody else’s land  i.e., cutting through a person’s yard to get to the beach  Don’t have to be on your land, can be throwing things onto your land, etc. 3. Extent of Liability  If you prove the tort, you are entitled to compensation for all harm done III. UNINTENTIONAL TO
More Less

Related notes for CRIM 135

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.