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Chapter 4

Chapter 4 - intentional torts


Department
Law and Business
Course Code
LAW 122
Professor
Theresa Miedema
Chapter
4

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Chapter 4 Intentional Torts
ASSAULT AND BATTERY
Assault: occurs when the defendant intentionally causes the plaintiff to reasonably
believe that offensive bodily contact is imminent
oNot based on physical contact but the belief that such contact will occur
oIt is enough if the plaintiff reasonably believed that bodily contact would occur
oThe plaintiff must have believed that bodily contact was iminient
oIt is enough that the defendant threatened some form of offensive contact
Battery: consists of the offensive bodily contact
oIt is enough if the weapon touches the plaintiff, or their clothes, or something they’re
holding on to
oNot every form is offensive battery is committed when there is an unwanted
contact by the receiver.
INVASION OF PRIVACY
striking a difficult balance
section 162 of the Criminal Code
ocrime of voyeurism: secretly observing or recording a person in circumstances that
give rise to a reasonable expectation of privacy
statutory torts
oenacted in some provinces only
oliability for willful violation of privacy
various torts indirectly protect privacy
FALSE IMPRISONMENT
False imprisonment: occurs when a person is confined within a fixed area without
justification
oAn actual prison is not necessary but the confinement must be complete
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No false imprisonment if it is by obstruction of path while another one is open
(if it is easy for the plaintiff to escape)
oPhysical force is not necessary it may be a psychological constraint
oRisks is reduced when the business person calls a police officer
oFalse only if done without authority
A police officer may arrest anyone who is suspected of being in the act of
committing a crime or has committed a serious crime before
Private citizens are only entitled to make an arrest only if a crime is actually
being committed by the suspect
Malicious prosecution: when the defendant improperly causes the plaintiff to be
prosecuted/arrested
oThe defendant started proceedings out of malice and without honesty
oThe plaintiff was eventually acquitted of the alleged crime
TRESPASS TO LAND
Trespass to land: occurs when the defendant improperly interferes with the plaintiffs
land.
oIt is enough if I intended to do the ACT, even if I did not intend to do wrong or cause
damage
oinjunction
prevent ongoing trespass
remove trespassing structure
oremoval of trespassers
legislation allows arrest of trespassers
case law allows use of reasonable force in arrest
INTERFERENCE WITH CHATTELS
Chattels: moveable forms of property
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