Intentional physical harm (outside of trespass

to the person)
A wilful act or statement by a defendant, calculated to cause physical harm, and
causing it may be sufficiently indirect to put it outside of trespass to the person, and
yet still be actionable. Aggravated or exemplary damages are likely.

Defamation
Nature of the tort
Consists of the publication of a statement which:
- Tends to “lower a person in the eyes of right-thinking members of society”
- Brings a person into “hatred, ridicule or contempt”
- Causes a person to be “shunned or avoided”

Tasks of the plaintiff (must prove”)

- That the matter complained of was defamatory in law
- That the defamatory matter identified the plaintiff directly, or by implication, apparent to
third parties
- That the statement was published to at least one person other than the plaintiff.

Defences:
- Truth
- Honest opinion
- Innocent dissemination
- Consent to publication
- Absolute privilege
- Qualified privilege

Remedies:
- Damages
- Injunction
- Declaration
- A recommendation of correction