LAW 122 Chapter Notes - Chapter 4: Malicious Prosecution, Detinue, False Imprisonment
7 Oct 2013
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Assault, battery, invasion of privacy, false imprisonment, trespass to land, interference with chattels. Assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent: not based on physical contact, but reasonable belief such contact will occur. As technology advances, people are concerned with their privacy, camera lens can zoom in a lot and capture a photo from far; cellphone cameras can secretly record images inside a washroom. No general tort of invasion of privacy. Occurs when a person is confined within a fixed area without justification. An actual prison is not necessary (could be trapped in a car, locked in a room, etc. ) Physical force is not necessary, detention maybe psychological. Calling the police to reduce risk of liability will not eliminate the risk, if arrest is made the business will be liable for false imprisonment. Occurs when the defendant improperly interferes with the plaintiff"s land.
