Difference between revisions of "Causes of Action (20:App G)"

Breach of confidence occurs when the defendant makes unauthorized use of information that has a quality of confidence about it and was entrusted to him/her by the claimant in circumstances giving rise to an obligation of confidence.   

Nuisance may be private or public. A private nuisance is defined as interference with a landowner or occupier’s enjoyment of his/her/their land that is both substantial and unreasonable. It can include obnoxious sounds or smells or escaping substances but does not usually arise from the defendant’s normal use of their own property. Interference with the enjoyment of land is “substantial” if it is not trivial; that is, it amounts to something more than a slight annoyance or trifling interference. Whether the interference is “unreasonable” depends on the circumstances. Factors that courts will consider (but are not bound to) in assessing reasonableness include the seriousness of the interference, the neighbourhood and surrounding area, and the sensitivity of the plaintiff.   

A public nuisance may be thought of as a nuisance that occurs on public property or one that affects a sufficient number of individuals that litigating to prevent it becomes the responsibility of the community at large.  

Conversion is defined as wrongful interference with the goods of another in a manner inconsistent with the owner’s right of possession. This includes theft; it also includes instances where the defendant genuinely believes the goods belong to him/her, even if he/she/they purchased them innocently from a third party that stole them. It also applies when the defendant has sold the goods or otherwise disposed of them. The remedy is usually damages for the value of the goods and possibly for losses incurred by the detention of the goods. The value of the goods is assessed from the time of the conversion.

Contrary to its criminal law equivalent, civil assault is defined as intentionally causing the claimant to have reasonable grounds to fear immediate physical harm. Mere words or verbal threats are not sufficient; there must be some sort of act or display that suggests the defendant intends to carry through with his or her threat; banging on a door or raising a fist may suffice.   

Battery is defined as any intentional and unwanted touching, including hitting, spitting on the claimant or cutting his/her/their hair.   

#'''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:  

*Appropriation of likeness: where a person’s personal image, including portraits, caricatures, photos or video footage, is used for commercial gain without their consent.  

Defamation, libel and slander are outside the jurisdiction of Small Claims.  

Where a person is illegally detained against their will. Peace officers have broad authority to arrest. Private citizens, including security guards, have limited authority to arrest in relation to a criminal offence or in defence of property. Usually, a party who is detained and is not convicted of the offence for which he/she/they is detained has grounds for a claim in false imprisonment/arrest unless the defendant is a peace officer or was assisting a peace officer in making the arrest.

**'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always setting aside the contract (rescission).