Chapter 4 Intentional Torts.docx

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Susan Mc Grath

Chapter 4 Intentional Torts Definition: Assault: a verbal or physical threat; an action that makes a person fear physical interference Absolute privilege: exemption from liability for defamatory statements made in some settings (such as legislatures and courts), without reference to the speaker’s motives or the truth or falsity of the statement Battery: unwelcome physical contact; non-consensual physical interference with one’s body Breach of contract: failure to live up to the conditions of a contract Crimes: wrongs that affect society as a whole and are punishable by the state. Consent: permission or assent to conduct that would otherwise constitute a tort such as assault and battery; can be expressed or implied; an informed consent constitutes a defence to torts such as assault and battery Continuing trespass: permanent incursion onto the property of another Conspiracy to injure: coordinated action of two or more persons using illegal methods to harm the business or other interests of another Conversion: intentional appropriation of the goods of another person Confidential information: private information, the disclosure of which would be injurious to a business; a type of intellectual property Defamation: a false statement published to a person’s detriment Deceit: the fraudulent and intentional misleading of another person, causing injury Detenue: wrongful retention of goods legally obtained buy subsequently not returned in response to a proper request False imprisonment: holding people against their will and without lawful authority Fair comment: defence available when defamatory statements are made about public figures or work put before the public Interference with economic relations: a tort consisting of unlawful competitive practices such as inducing breach of contract Inducing breach of contract: encouraging someone to break her contract with another Intimidation: a threat to perform an illegal act, used to force a party to act against 9its own interest Injurious falsehood: defamation with respect to another’s product or business; also known as product defamation or trade slander Intentional infliction of mental suffering: a tort constituted by harassment or prank causing nervous shock Justification: legal authority and scope of power; the Constitution Act (1867) delegated responsibility for matters to federal or provincial governments, thus giving them distinct jurisdiction to create laws in those areas Libel: the written o more permanent form of a defamatory statement Malicious prosecution: a tort action based on criminal or quasi-criminal prosecution motivated by ill will towards the accused and lacking reasonable evidential grounds for proceedings Private Nuisance: the use of property in such a way that it interfere with a neighbour’s enjoyment of his or hers Public nuisance: unreasonable interference with public property Passing-off: the tort of misleading the public about the identity of a business or product Product defamation: defamation with respect to another’s product; also known as injurious falsehood or trade slander Privacy: the right to be let alone, to protect private personal information, and to be free of physical intrusion, surveillance, and misuse of an image or name Qualified privilege: exemption from liability for defamatory statements made pursuant to a duty or special interest, so long as the statement was made honestly and without malice, and was circulated only to those having a right to know Slander: spoken defamation Self-defence: the right to respond to an assault with as much force as is reasonable in the circumstances Truth: accuracy of a statement, applied as a defence to a defamation action; also known as the defence of justification Tort: an action that causes harm or injury to another person Trespass to chattels: direct intentional interference causing damage to the goods of another Trespass to person: intentional physical interference with another person; also known as assault and battery Trade slander: defamation with respect to another’s product or business; also known as injurious falsehood or product defamation Vicarious liability: liability of an employer for injuries caused by employees while carrying out their employment duties Summary Intentional torts - Assault and battery- defences are consent of self-defence (reasonable force) - Trespass- Temporary or permanent intrusion on someone else’s property - False imprisonment- Restraint of a person by someone without authority - Private nuisance- unusual use of property interfering foreseeably with neighbour - Defamation- a false, published statement that discredits a person o Libel is written defamation; slander is spoken o Defences- absolute privilege, qualified privilege, truth, and fair comment Other business torts - Inducing breach of contract - Intimidation - Deceit - Conspiracy - Malicious prosecution - Conversion - Trespass to chattels - Passing-off - Disclosure of confidential information - Injurious falsehood Online torts - Problems with who is liable and enforcement - Problems with jurisdiction Invasion of privacy - Business requirements - Use of encryption - Surveillance techniques Torts: The required ingredients Assault - Deliberate threat creating fear of imminent harm - No consent Battery - Deliberate physical interference (contact) with one’s body - No consent Trespass to land - Deliberate interference with property - No consent/ permission/ lawful right to be there False imprisonment - Deliberate restraint - No lawful authority Private Nuisance - Unusual use of property - Interference caused to neighbour’s enjoyment/ use of property - Foreseeable consequences Defamation - False statements made - Derogatory to the plaintiff’s reputation - Publication or communication to a third party
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