LECTURE 5. TORTS
Types of torts
a. Assault- Threat of harm to an individual e.g. point the gun
b. Battery- mere touching of the individual e.g bullet hits your head provocation
c. False imprisonment- falsely holding an individual without a lawful right or excuse
d. Defamation- attack on the reputation of an individual, often libel( written attack) and
slander ( oral attack); it is compensable in damages.
Defence to defamation-
- Absolute privilege: defamation made in the parliament or provincial house or
legislature. It’s an absolute defence
Before court or tribunal- no damages will flow because defence is absolute. ( immunity)
- Qualified privilege- ( like innocent representation)- makes a statement thinking that it’s
- Reasonable or fair comment- reporter is doing a report on an individual, the newspaper
prints the story, ( which is an attack on the person A),
if the reporter did his due diligence ( fair information as per proper research)
He must give the person A (the person whose reputation is being attack), an opportunity
Whether they respond or not, the reporter and the newspaper are protected from any
e. Tresspass- interference with someone’s land or personal property
Land- trespass- when someone goes onto another without consent or with consent but does
not get off the land when asked to.
Ontario trespass act
Fine upto $500
If people trespass onto someones elses land and hurts himself, the owner cannot be sued.
Intentional trap:A places a trap in the land and causes injury to B
Unintentional Trap: A has the responsibility to check his land for any natural traps that may
cause injury to B
Property ( chattels)- conversion.
- Deceit/Fraud- statement that is made recklessly and carelessly.
- Injurious false statement- makes lousy goods or its principles or owners employ
children. You basically don’t want to have anything to do with the company
a. Nuisance- interference with the enjoyment of ones land.
A owns land, and B pickets A’s property
Flow of harm from one property to another property causing damage. Sound, smell, dust or residue that settles onto the prope