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Canada (161,966)
York University (12,849)
ADMS 2610 (76)
Rudi Lof (11)
Chapter 4

ADMS 2610 Chapter 4: B.Law10th ppt notes Ch4

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Administrative Studies
ADMS 2610
Rudi Lof

CH 4 Tort law ➢ Definition ➢ Development of tort law  Intentional Interference with Person ➢ Assault and battery ➢ Vicarious liability ➢ False imprisonment  Overview  Intentional Interference with Reputation of Person ➢ Defamation ▪ Libel ▪ Slander  Intentional Interference with Land and Chattels ➢ Trespass to land ➢ Conversion  Business Related Torts and Crimes ➢ Slander of Goods ➢ Breach of Confidence ➢ Unfair Business practices  Tort Law  Tort (very broad area of law)  Latin word for “tortus” meaning a wrong  A wrong committed by one person to another  Interference with a persons ○ Property ○ Person ○ Reputation  Can be intentional or unintentional  Development of Tort Law  Criminal ➢ Many torts became crimes over time  Distinction ➢ Between criminal and tort law ➢ A tort and crime can arise from the same incident ➢ Criminal is public (crown brings the action) ▪ Public wrongs or wrongs against society ➢ Tort law is private (injured party brings the action in civil court) ▪ Private wrongs or wrongs against the individual  Business Aspect  Affects business  Product liability  Trespass  General liability  Contract law – relationship created by contract  Tort law – broader application, may be a stranger  Interference with Person  Intentional (Willful interference)  Types ➢ Assault ➢ Battery ➢ False imprisonment  Assault and Battery  Assault and Battery ➢ Each is a separate tort  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  Assault and Battery  Damages ➢ To compensate victim for injuries ➢ Punitive damages awarded in situations of vicious and unprovoked attacks  Defenses ➢ Provocation ▪ Only taken into account in determining damages ➢ Self Defense ▪ Can be a complete defense if establish defendant had a genuine fear and forced used was reasonable in circumstances  Vicarious Liability  Defined ➢ Employer is liable for the actions of an employee for acts during the course of employment ▪ Employer liable only for civil consequences not criminal ▪ Unless directed or authorized the act complained of  False Imprisonment  Definition ➢ Unlawful restraint or confinement of the individual by a person ▪ Most common in security personnel situations ▪ Need not require actual physical restraint ▪ May restrain if a crime was committed ▪ Peace officers may mistakenly restrain, under reasonable suspicion or for related questioning (investigation) ▪ If not a peace officer, individual must have reasonable and probable grounds to restrain  Forcible Confinement  Definition  Confinement against a person’s will  A criminal offence  Lack of resistance is generally not a defense  Defamation  Definition  False statements that injure a person’s reputation  Libel – (printed or published) permanent form such as writing or a cartoon ○ Applies to the internet today  Slander – (spoken) statements or gestures  Defamation  Defenses 
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