CIN307H5 Chapter Notes - Chapter 4: Indictable Offence, False Imprisonment, Vicarious Liability
Document Summary
Tort- legal term derived from the latin word tortus meaning wrong . Person"s behaviour has unfairly caused someone else to suffer loss or harm. May not necessarily be an illegal action. A tort and crime can arise from the same incident; distinction between criminal and tort law: Criminal is public (crown brings the action) public wrongs or wrongs by society. Tort law is private (injured party brings the action in civil court) private wrongs or wrongs against the individual. Assault: a threat of violence or injury to a person. Battery: the unlawful touching or striking of another person. Not every application of force is a battery in law; applied with the intention of causing harm. If it does not cause harm, it must be done without consent or in anger. Damages to compensate victim for injuries; and punitive damages awarded in situations of vicious and unprovoked attacks. Provocation only taken into account in determining punitive damages; i. e. still have liability.
