Chapter 3: Law of Torts
Tort law: compensate victims for harm caused by the activities of others
Fault: unjustifiable injurious conduct that intentionally or carelessly disregards the
interest of others. (Defects: accident victims who cannot establish fault go
Strict liabilities: parties are liable for any resulting damage even if they are
Public policy: considerations or objectives that are considered beneficial to
society as a whole (no-fault insurance and worker’s compensation)
Vicarious liabilities: even a blameless employer is responsible for employees’ tort
when they are employed.
Intentional Tort: done deliberately. Even if the harm is unexpected. Harm or
damage need to be committed.
- Assault (threat of violence) and Battery (actual physical contact)
o Public nuisance (blocking the road). Suit is brought upon by the
government against the wrongdoer
o Private nuisance: interference with an occupier’s use and
enjoyment of his land. (no absolute freedom, court looks at the
degree of interference and the occupier’s use and enjoyment of
- False Imprisonment and malicious prosecution (causing a person to be
prosecuted for a crime without an honest belief that the crime was
- Defamation: libel (written defamation) and slander (oral defamation).
Communication of the offending statement to someone other than
the person defamed.
Absolute privilege : complete immunity from liability for
defamation. (parliamentary debate)
Qualified privilege: immunity from liability for defamation
provided a statement was made in good faith. (writing a
Responsible communication on matters of public interest:
- Other intentional torts related to business
Inducing a breach of contract: cause one party to breach
his contract with another Unlawful interference with economic relations: use threats
to induce one person to discontinue business relations with
Product defamation: making false and damagin