Civil Law and Liability
Negligence in four steps
- Duty of care - created by the relationship, proximity, contract, or the Occupiers Liability Act.
- Breach - falling below the standard of a reasonable, trained person in the same role (your own policy, training and industry practice become evidence of that standard).
- Causation - the breach caused the loss (the 'but for' test).
- Damage - actual loss.
Torts you will be tested on
Assault (causing a reasonable apprehension of imminent contact), battery (unlawful contact), false imprisonment/false arrest (intentional restraint without lawful authority), malicious prosecution, trespass to land, defamation (with defences such as truth and qualified privilege), and invasion of privacy - BC's Privacy Act creates a statutory action for wilful violation of privacy, and the common-law tort of intrusion upon seclusion is also recognized. Occupiers owe entrants a duty of reasonable care under the Occupiers Liability Act, with different treatment for trespassers.
Who pays
Employers are generally vicariously liable for wrongs committed by employees in the course of employment, including some intentional torts where they are closely connected to the job. Employers can also be liable for negligent hiring, training and supervision. Damages may be compensatory, aggravated or punitive.
Trap: assuming a criminal charge and a civil action are alternatives (they are independent and have different burdens of proof); assuming damage must always be proven (assault, battery, trespass and false imprisonment are actionable without proof of loss); assuming an apology creates liability rather than being evidence.
Rule of thumb: ask 'what would a competent, properly trained officer in this exact role have done?' - then ask whether your notes prove you did it.