INTENTIONAL TORTS
Intentional torts occur where the tortfeasor deliberately causes injury or loss to another.
By their very name, ikntentional torts demand that the element of intent is present in the tortfeasor. Such intent can be interpreted as the hope or desire the tortfeasor holds regarding the outcome of their action.
Motive:
The reason for the intentional act occurring is irrelevant in the eyes of the law. The fact that an intentional tort occurred is all that is necessary to proceed. However, motive is relevant in the case of self-defence.
Mistake:
Even where an honest mistake has been made by the defendant, the defence of mistake will not be accepted in court against a charge of liability for an intentional tort.
Trespass to the Person:
Assault is an intentional tort where the vittim believes (or reasonably believes) that bodily harm may occur. The fear present in the victim's mind is sufficient to justify a charge of assault.
Battery is what usually occurs after an assault has been made and represents the actual phusical contact.
Damages awarded to victims in cases of assault and battery are intended to compensate for harm or loss sustained. The defendant will be liable for all consequences of an assault and battery action, even in they are neither intended nor foreseeable. If anassault and battery action was especially vicious or comitted without reason, punitive damages may be awarded too.
Medical Assault and Battery
A patient's consent authorizing medial treatment is necessary if a doctor is to avoid a charge of battery. Battery can also be claimed when treatment goes beyond what the patient agreed to. Clearly a doctor can provide essential treatment to a person who is unconscious and in need of life-preserving treatment. If the patient's condition is not life-threatening, then the doctor should wait for the patient to recove consciousness and seek INFORMED consent before administering treatment.
False Imprisonment & False Arrest
Might take the form of phusical strength, barriers or legal authority. The imprisonment must be total to succeed, which means that the plaintiff must show that every reasonable attempt at escape was made.
False arrest occurs when false imprisonment is committed by someone in authority.
Infliction of Mental Suffering:
Verbal assault can cause shot or mental suffering. If incidents such as practical joke or upsetting actions cause the victim to show signs of mental suffering then the victim may be elligible for compensation.
Defenses to Trespass to the Person
Four most common defences are:
- Consent - if the victim consented to the action, s/he will not succeed in a lawsuit for damages
- Self-Defence - reasonable force is allowed if it is necessary to prevent personal injury. The defendant must prove that genuine fear of being injured was present.
- Defence of a Third Party - as long as it's reasonable to assume that the third party was in danger at the time. This can serve as a defence even if the grounds for fearing for the safety of the third party prove to be mistaken.
- Legal Authority - Occasional use of reasonable force as a disciplinary measure has been accpted by courts.
Trespass to Land
Defined as entering another's land without justification or authority.
Defences to Trespass to Land:
- Defence of Property - verbal request for trespasser to leave is required prior to using reasonable force if verbal request is unsuccessful.
- Necessity -if trespassers presence is of necessity (seeking shelter in a life-threatening situation)
- Legal Authority - for example, a police officer with a search warrant has legal authority
Nuisance:
The tort of nuisance involves the unreasonable use of land which interferes with the enjoyment and use of adjoining land by another party. Although trespass is always an intentional tort, nuisance can be either intentional or unintentional.
While trespass protects possession and use of propoerty, nuisance protects the quality of that possession and use. Nuisance can be classified intot wo types: private and public
Pivate Nuisance: where an individual's right to use and enjoy thier property free from harmful or unreasonable interference is compromised. To succeed, the 'problem' must be harmful and continue for some time.
Public Nuisance: refers to a small group of offences that interfere with thte rights of the general public, such as blocking public roads, water systems, and pollution of public waters. Actions for public nuisance are usually brought by the Attorney-General on behalf of the public.
Defences to Nuisance
- Legal Authority - eg: some businesses are allowed to create certain amouts of noise, smoke, etc.
- Prescription - if an action is brought and the defendant can show that the plaintiffs have endured the cause of the nuisance for at least 20 years without complaint, the defendants will be able to secure the right to use another's property by prescription.