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MIDTERM Sheet #4.docx

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Ryerson University
Global Management Studies
GMS 200
Ricardo Reyes

MIDTERM REVIEW Chapter 4 (Intentional Torts)  Interference with person: o Assault and battery o Invasion of privacy o False imprisonment  Trespass to land  Interference with chattels  Defences  Protection of personal interests (physical well-being, liberty, dignity) Assault (pg 79)  To intentionally create the perception of imminent and offensive bodily contact.  Required elements: o Reasonable belief (no touching necessary) o Reasonable belief (even if the defendant lacked ability) o Imminent = distant threat insufficient o Offensive contact = plaintiff doesn’t have to be frightened. It is enough to show that offensive contact is reasonably anticipated. Battery (pg 80)  An actual offensive bodily contact.  Mere contact is enough (even if with clothing or an object).  Not every contact is offensive.  The contact doesn’t have to be harmful.  Important for health care professionals as even beneficial action without consent can be battery.  Important for businesses that control crowds or remove rowdy customers (will be vicariously liable for battery if force is not reasonable). Invasion of Privacy (pg 81)  There is no general tort of invasion of privacy.  Traditionally, our society places a high value on freedom of expression and freedom of information.  Law in this area is changing rapidly (possible emergence of judge-made tort) but so far no clear Canadian decisions creating this right of action.  Privacy is indirectly protected by other torts.  Aubry v. Editions Vice-Verca: Note that this is a SCC but was decided under the Quebec’s civil law.  There is legislation in Canada creating obligations to respect the privacy of personal information in specific situations and sectors (e.g. the Personal Information Protection and Electronic Documents Act, PIPEDA).  This has raised public consciousness of privacy, but only Nfld., Man., Sask., and BC have created a statutory tort of invasion of privacy. False Imprisonment (pg 83)  Occurs when a person is confined within a fixed area without justification.  Required elements: o Confinement: physical or psychological detention o Within fixed area: prison, room, car o Complete confinement: no easy escape available o Unjustified confinement: no consent or legal authority  Detention may be justified by the Criminal Code.  Powers of arrest and detention: o Police officers: reasonable belief in commission of crime. No liability even if no actual crime. o Private Citizen (including security guards): actual commission of crime. Liable if reasonable but wrongful belief of crime.  Citizens must be 100% sure if they do citizen’s arrest. Even if your intentions were good, but your wrong, the person can sue you for false imprisonment Trespass to Land (pg 86)  Intentional interference with land.  Required elements: o Lack of consent o Lack of legal authority  Although classified a
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