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LAW 122 (825)
Lecture

Chapter #4.docx

7 Pages
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Department
Law and Business
Course Code
LAW 122
Professor
Avi Weisman

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Description
Chapter 4 Intentional Tortsy Intentional torts involve intentional rather than merely careless conduct y Torts that have been labelled as intentional torts o Assault o Battery o Invasion of privacy o False imprisonment o Trespass to land o Interference with chattelsAssault and Battery y ASSAULT to intentionally create the perception of imminent and offensive bodily contact y purpose discourage threats and maintain peace y elements of assault o reasonable belief that contact will occur swing fist at me o reasonable belief of bodily contact unloaded gun o belief of imminent bodily contact distant threat insufficient o threat of offensive bodily contact no need for defendant to be frightened y BATTERY consists of offensive bodily contact y People seldom sue for assault alone usually joined wbattery y Elements of battery o bodily conduct loosely defined ie knife or bullet can touch P o bodily contact generally needs to be considered offensive as opposed to harmfulnormal social interaction is allowed ie elevator jostle y understanding tort of battery is important for businesses that control crowds ie bouncers security y cant use more than reasonable force even if crime or other wrong was first committed on you ie catching thiefInvasion of Privacy y with new technologies emerging people concerned with their privacy interests y tort law has yet to catch up with such technological advances y generally there is no independent tort of invasion of privacy people are not required to look away or keep quiet about what they see y There are several reasons why the courts traditionally have been reluctant to recognize a tort of invasion of privacy o courts want to support freedom of expression and information o difficult to find balance between parties ie celebrities o difficult to calculate compensatory damages for the harm such as embarrassment than an invasion of privacy usually causes
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