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LAW122slides Chapter4_JMonro.pdf

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Ryerson University
Law and Business
LAW 122
Jane Monro

26/08/2013 Intentional Torts CHAPTER 4 INTENTIONAL TORTS  Defined Involve conduct where you actually knew, or ought to have known, that your actions would cause harm to people like the plaintiff  Includes: Assault Battery Invasion of privacy False imprisonment Trespass to land Interference with chattels ASSAULT AND BATTERY  Assault Occurs when the defendant acts in a way that causes the plaintiff to reasonably believe that offensive bodilontact is imminent  Battery Consists of offensive bodily contact 1 26/08/2013 INVASION OF PRIVACY  There are legislative rule about this (e.g. PIPEDA) but they do not impose tortious liability  In 2012, Ontario created a new common law tort of Intrusion upon Seclusion (Read Jones v. Tsige carefully and try to answer the questions at the end.) (See Ch.4 Invasion of Privacy handout) FALSE IMPRISONMENT  Occurs when a person is confined within a fixed area without justification  Does not need to be an actual prison or locked door, but the confinement must be essentially complete.  Physcallorce snottnecessary, can be psychoogicall  Defence  Consent If the plaintiff consents to the confinement then the defendant will not be held liable FALSE IMPRISONMENT  Malicious prosecution  Occurs when the defendant improperly causes the plaintiff to be prosecuted  Thee courtmuusstbe sattsfedd haatt:: 1. The defendant started the proceedings out of malice/or for some improper purpose 2. Without honestly believing on reasonable grounds that a crime had been committed 3. The plaintiff was eventually acquitted in the prosecution of the alleged crime 2 26/08/2013 TRESPASS TO LAND  Occurs when the defendant improperly interferes with the plaintiff’s use of his/her land  “Per se” offence  It is enough that you intended to commit the act, even if youdidd nit idtend todcause damage  Remedies for trespass to land:  Compensatory damages  Injunction  May receive Nominal or punitive damages INTERFERENCE WITH CHATTELS  Chattels  Movable forms of property  Three ttts tto prottehattttells  Trespass to chattels  Conversion  Detinue TRESPASS TO CHATTELS  Occurs when the defendant interferes with chattels in the plaintiff’s possession  Redmedy  Compensatory damages
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