Kinesiology 4459A/B Lecture Notes - Lecture 2: O. J. Simpson, Intentional Tort, Crossclaim
20 Feb 2017
School
Department
Course
Professor
Lecture 2
Tort Law – Private law – non-contractual civil wrongs (breach of law)
Criminal – part of public law – the difference is that it has the government involved in
detecting and prosecuting criminal law matters
When a tort has been committed and want to seek damages, need to hire own lawyer
(no government body investigates torts)
Tort – a civil wrong (not a breach of contract) remedy obtained in form of damages; a
breach of duty that the law imposes between people (blacks law dictionary)
CAN BE concurrent proceedings – criminal and tort eg OJ Simpson – not guilty in
criminal matter, tort wrongful death and battery and found liable (33.5 million)
Burden of Proof
Criminal – reasonable doubt
Civil – balance of probabilities.
Tort action
Plaintiff - Party that commences action and files a Statement of Claim
Defendant – ones being sued – file Statement of Defence. They can file a
counter-claim against plaintiff or other defendants or crossclaim against others not in
the original suit.
TORTS
Tort of Battery – involves actual contact
intentional touching of, or application of force to, the body of another in harmful or
offensive manner (without consent)
Intent – NOT criminal intent to cause injury, but intent to commit the act
Contact – non-consensual contact with the individual or his/her effects.
Harm/Damages – caused actual injuries (not limited to just physical harm
Tort of battery differs from criminal law battery as to what intent is necessary (mens rea)
Tort of Assault – does not involve any physical contact
Threat or use of force on another that causes that person to have a reasonable
apprehension of imminent harmful or offensive contact
doesn’t matter if battery is not possible (eg. Someone pulls again on someone
and it isn’t loaded. As long as the victim doesn’t know it isn’t loaded, it will still be
considered assault.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Tort law private law non-contractual civil wrongs (breach of law) Criminal part of public law the difference is that it has the government involved in detecting and prosecuting criminal law matters. When a tort has been committed and want to seek damages, need to hire own lawyer (no government body investigates torts) Tort a civil wrong (not a breach of contract) remedy obtained in form of damages; a breach of duty that the law imposes between people (blacks law dictionary) Can be concurrent proceedings criminal and tort eg oj simpson not guilty in criminal matter, tort wrongful death and battery and found liable (33. 5 million) Plaintiff - party that commences action and files a statement of claim. Defendant ones being sued file statement of defence. They can file a counter-claim against plaintiff or other defendants or crossclaim against others not in the original suit.
