An intentional tort occurs when a person or business deliberately harms another. We will focus on intentional torts that fall into two large groups: torts involving verbal or physical aggression, and business torts. An unintentional tort occurs as a result of careless or negligent actions that cause unintended harm to people or businesses. Most unintentional torts fall into the large group of torts known as negligence. Product liability, occupiers' liability, and professional negligence are three subcategories of negligence. Another form of unintentional tort is known as a strict liability tort, which requires no proof of negligence. Certain torts may be committed intentionally or unintentionally: for example, trespass to land, nuisance, and invasion of privacy Intentional Torts Intentional torts are actions by individuals or businesses that intentionally cause harm to others like all torts, intentional forts require proof of causation and harm. The following sections describe the intentional torts that business people should be particularly aware of. Intentional Torts involving Verbal or Physical Aggression Of course, violence and defamation are not common in a business setting. When in- tentional forts occur in the commercial world, they are often the result of employees losing their tempers, or they may occur because of the nature of the business itself. Some businesses--for example, those that repossess assets that have been pledged as security --lead to stress, and conflict can arise with clients or service providers. Where dealings require sensitivity, business people should carefully screen and train their employees. Intentional torts involving aggressive and defamatory conduct occur both within and outside the business arena. After examining them in the sections that follow, we will also explore three intentional torts that relate only to the commercial world: passing off, inducing breach of contract, and interference with a business by unlawful means Assault and Battery The torts of assault and battery can occur in business settings. For example, a security guard may be excessively violent when detaining a suspected shoplifter. or a bouncer may be overly rough in expelling patrons from a bar. Employees may also be violent toward one another, and the business that employs them may be held responsible for the resulting injuries. While an assault is generally understood in the criminal law to be a physical attack, an assault in tort law is a threat of imminent physical harm. Assault on its own (without contact, or battery is actionable but is unlikely to form the basis of a lawsuit, because the cost of the lawsuit would not be warranted given the modest award that is likely to be made absent a quantifiable harm. Battery, which is often claimed in conjunction with assault (as in assault and battery"), is any intentionally harmful or socially offensive direct physical contact. When the tort of battery forms the basis of a lawsuit, it can include violent or sexual contact 72 CANADIANS Prohibit Violence and Train Employees Train employees to treat one and detect Implementasero tolerance policy owoc violence and the potential for conflict is high provide employees with advanced how to handle angry clients and how and when to contact appropriate whores. Carry sufficient insurance to compensate victims adequately False Imprisonment Retail businesses have the right to temporarily infringe on the freedom of any caught in the act of shoplifting. However, these detentions must be founded on a sonable grounds (see the decision in Mancev Canadiant Tire Corporation Limited for an overview of the right to stop shoplifters). If an employee or security guard detai a suspect -- by means of a threat or physical restraint--without reasonable evidence that the suspect was shoplifting a business could be sued for false imprisonment a result of the principle of vicarious liability false imprisonment False imprisonment occurs when one person unlawfully restricts the freedom tort in which the defendant of another. The "imprisonet" need not place the plaintiff in jail, but the plaintis freedom must be completely restricted (ie there must not be an alternate way freedom of the Any complete restriction on liberty is technically a tort, though it may be difficult prove quantifiable harm from temporary detentions and, therefore, the amount of damages awarded may be minimal CASE IN POINT False Imprisonment: Set-Up Leads to Nominal Damages Trew v313124 Saskatchewan Ltd 2005 SKOB 79 The police arrived and searched Trew. No merchandise While shopping in a Moose Jaw grocery store, a customer was found in his possession Trew sued the store for false observed another customer the plaintiff Trew), dressed in a imprisonment. In the evidence presented at triat it was long black trench coat, behaving suspiciously. The customer revealed that Trew had a long history of involvement alerted store staff and when Trew approached the cash the court, including shoplifting convictions. He had also register the cashier challenged him and asked him to empty previously brought a claim of false imprisonment against his pockets. Trew refused. The cashier then called the police store and had received a cash settlement. and asked Trew to remain on the scene to wait for them. Trew presented some soap refills for purchase, on which it Result appeared that he had changed the price stickers from $4,49 The court found that when the cashier stuck her armout to $0.99. While the cashier noticed this she did not challenge to block rew's path, she was relying only on the other it. When Thew tried to leave the store the cashier stuck her customer's warning and therefore did not have enough arm out to block his path, and he brushed past her. She grounds to detain Trew. While she used no force, sticking again asked him to remain in the store and he became very out her arm constituted false imprisonment. However, agitated and began declaring that he was going to sue the the court found that because of his shoplifting history store for false imprisonment Trews claim that the store's actions had traumatized and Facts