LAW 122 Lecture Notes - False Imprisonment

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Intentional torts: involve intentional, rather than merely careless, conduct y y torts that have been labelled as intentional torts : assault, battery. Invasion of privacy: false imprisonment, trespass to land. False imprisonment y false imprisonment occurs when a person is confined within a fixed area without justification y the scope of the tort is wide: confinement within fixed area. actual prison is not necessary; could be trapped in car, room etc: the confinement must be practically complete. no easy escape available: physical force is not necessary; could be psychological detention. embarrassed and believing there is no other option: unjustified confinement. did plaintiff consent to be confined (bus passengers) consent is a complete defence for all intentional torts y powers of arrest and detention: police officers: reasonable belief in commission of crime (current or past) no liability even if no actual crime: private citizens: rules are much narrower (including for security guards)

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