day 2*.docx

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27 Mar 2012
Rooms for Midterm: Thistle 242/247
1. Writ System
2. Two kinds of torts
Intentional torts: the 6 things you can sue for
Assault and Battery
*separate torts, but often happen together*
Assault: Threat of contact
Battery: Actual contact of a physical nature without
*can have assault without battery, but cannot have battery
without assault
*doesn’t matter how forceful it is
*don’t confuse with criminal code!
Entering onto the lands of another without consent of
lawful right
False Imprisonment
Intentional and without lawful justification confining of
another to prevent them from exercising the right to
Belief that one cannot leave is sufficient
Shoplifting cases
*This does NOT apply to police officers
*CAN arrest officers with malicious prosecution. When
they arrested you, they had no reasonable belief that
you had done something wrong.
*Vicarious Liability not suing that individual, suing their
employee (ie, at Isaac’s, not suing bouncer, suing BrockU)
Words that when published would tend to bring a
person into disrepute among their peers
Published: communicated to a third party
Two kinds: Libel (written) and Slander (oral)
*if slander, it must prove a monetary loss, if libel, it is
Defenses: truth, privilege, and opinion
*truth: an absolute defense. If its true, there is no case
*opinion: can’t sue if it is just the person’s opinion
*privilege: if you are making a complain to a party who
is there to listen to complains. ie. Reporting to the police
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