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Difference between revisions of "Causes of Action (20:App G)"
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→3) Causes of action to see a lawyer about
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**#'''Lack of Intent:''' Battery is an intentional tort which means that the plaintiff must prove the defendant acted with intent in committing battery. The defendant need not intend to cause the plaintiff harm. Rather intent refers to the desire to engage in whatever act amounts to battery. If the defendant can show that he/she did not act with intent, the claim for battery will unlikely be successful.. For example, if the physical contact was involuntary or an accident | **#'''Lack of Intent:''' Battery is an intentional tort which means that the plaintiff must prove the defendant acted with intent in committing battery. The defendant need not intend to cause the plaintiff harm. Rather intent refers to the desire to engage in whatever act amounts to battery. If the defendant can show that he/she did not act with intent, the claim for battery will unlikely be successful.. For example, if the physical contact was involuntary or an accident | ||
**#'''Self-defence:''' The defendant can defeat a battery claim if he/she can show that the battery was an act of self-defence. There are three basic elements to self-defence which the defendant must prove: | **#'''Self-defence:''' The defendant can defeat a battery claim if he/she can show that the battery was an act of self-defence. There are three basic elements to self-defence which the defendant must prove: | ||
##You honestly and reasonably believed that you were being or about to be subject to battery; | **##You honestly and reasonably believed that you were being or about to be subject to battery; | ||
##There was no reasonable alternative to the use of force; and | **##There was no reasonable alternative to the use of force; and | ||
##The use of force was proportional to the actual or perceived threat. | **##The use of force was proportional to the actual or perceived threat. | ||
*'''Breach of Privacy''' – Privacy rights are governed by the ''Privacy Act'', RSBC 1996, c 373. Two common law causes of action are codified under this act: | *'''Breach of Privacy''' – Privacy rights are governed by the ''Privacy Act'', RSBC 1996, c 373. Two common law causes of action are codified under this act: | ||
**Intrusion upon seclusion: includes spying upon, observing or recording a person where they have a reasonable expectation of privacy. | **Intrusion upon seclusion: includes spying upon, observing or recording a person where they have a reasonable expectation of privacy. | ||