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CRIM 135 (165)
Lecture

Crim135, Topic #8 - Tort Law

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Department
Criminology
Course
CRIM 135
Professor
Graeme Bowbrick
Semester
Fall

Description
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
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