Torts

Classification of Unintentional and Intentional

What is a Tort?

 Tort means a wrong that could either be intentional or

unintentional (negligent)
Negligence

 Conduct that falls below the standard of care required by

society
Occupiers Liability

 Invitees
 Someone on the property for reasons other than a
social visit
 These people are owed the highest standard of care
because both people benefit from their meeting
 Example – customers, postal carriers
 Licensees
 Someone who enters the premises with the implied
permission of the occupier – usually there for a social
visit
 Lesserstandard of care required because there is no
economic benefit
 Example – having a friend for dinner
 Trespasser
A person who enters a property without permission or a
legal right to be there
 Occupiers still owe a duty of common humanity and
must act with a minimal degree of respect for the
safety of all who come onto their property
Host Liability

 Commercial Host
 Placessuch as bars, restaurants, and service clubs
where alcohol is served
 Have a duty of care to keep an eye on intoxicated
customers and prevent them from driving
 Social Host
 Hold events where alcohol is served but receive no
financial benefit
Indirect Liability

 Vicarious
 An innocent person is responsible for the actions of another
 Example – parents, companies
 Professional
 Certain professions must maintain a certain level of
acceptable service
 Example – doctors, lawyers
 Motor Vehicle
 Drivers responsibility for the safe operation of a vehicle
Trespass to Persons and Land

 Trespass to Person
 Assault and Battery – threat of bodily harm and actual
physical contact
 False Imprisonment – to be unlawfully detained against your
will
 Trespass to Person’s Property
 Trespass to Land – entrance to land without consent
Defamation of Character

 Libel
 Published defamatory statement
 Slander
 Oral defamation
Case Studies

 Arthur v. Wechlin – pg. 359

 de Groot v. Aresnault – pg. 366 (1 and 3)
 Runcer v. Gould – pg. 367 (1 and 5)
 Langille et al. v. McGrath – pg. 370 (1 and 3)