Business Law in Canada –Chapter 4: Inten▯onal Tortsand Torts Impac▯ng Business
Commi▯ed when one person causes an injury to another, harming his or her person, property, or
reputa▯on. A social or civil wrong that gives riseto the right to sue and seek one of several remedies.
Wrongs that aﬀect society as a whole, where the goal is to punish the wrongdoer, not to compensate the
Breach of contract
An act that breaches a contract may not be inherently wrong, but the contractual rela▯onship makes its
Two categories of tors
▪ Inten▯onal (deliberate)
▪ Uninten▯onal (negligent or careless)
An employer can be held liable for the tor▯ous actan employee commits while carrying out employment
Conduct that makes a person think they are about tobe struck (ex. Faking a punch, poin▯ng a gun)
When someone inten▯onally makes unwanted physical contact with another person
Trespass to person
Assault or ba▯ery; the inten▯onal physical interference with another person
A person who expressly or implicitly consents to conduct that would otherwise cons▯tute an assault or
ba▯ery loses the right to sue (ex. Professional boxers)
People must know what they are consen▯ng to Self-defense
People who are being a▯acked can use necessary force to defend themselves. This does not permit
unrestrained violence, it allows for reasonable force.
Trespass to land
Going onto another person’s property without havingthe lawful right or the owner’s permission to do so
A permanent incursion onto the property of another.This can take the form of a building or other
structure that encroaches on the property of another.
Trespass to cha▯els
Any direct inten▯onal interference causing damage to the goods of another
When someone sells or otherwise wrongfully disposesof goods belonging to someone else
When a person is wrongfully retaining another’s goods and refuses to return them
The unlawful and inten▯onal restraint of someone against their will
The defendant in the tort must have ini▯ated a criminal or quasi-criminal prosecu▯on in which the
accused was acqui▯ed or the charge was abandoned. The tort plain▯ﬀ must establish that the
prosecu▯on was mo▯vated by malice and there were noreasonable grounds to proceed with the
criminal ac▯on in the ﬁrst place.
When an i