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LAW 122 (618)
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Chapter 4

Law 122 - Chapter 4.docx

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Department
Law and Business
Course
LAW 122
Professor
Gil Lan
Semester
Winter

Description
Chapter 4 Assault vs. Battery:  Assault: occurs when the defendant intentionally causes the plaintiff to reasonable believe that offensive bodily contact is imminent.  Not based on physical contact, but reasonable belief that such contact will occur  It is enough if plaintiff reasonable believed that bodily contact would occur  The plaintiff must have believed that bodily contact was imminent/immediate  An assault can occur even if the plaintiff was not frightened  Battery: consists of offensive bodily contact  "bodily contact" can be if defendant causes something to touch the plaintiff OR even just make contact with the plaintiffs clothing  Not every form of contact is offensive. EX: social interactions is allowed. BUT if you do something against my will, regardless of it being beneficial to me or not, it is still consider battery. EX: physician performs a life-saving blood transfusion against a patient's wishes November-07-11 7:24 PM Intentional Torts: intentional, rather than merely careless, conduct  Assault  Battery  invasion of privacy  false imprisonment  trespass to land  interference with chattels  no need to prove intention to commit tort  no need to prove intention to cause harm Invasion of Privacy:  There is no general tort of invasion of privacy.  Because the court wants to support the freedom of expression.  are concerned about defining concept of privacy in a way that strikes a fair balance between the parties  difficult to define scope of protected interests  losses often merely intangible (embarrassment)  crime of voyeurism: secretly observing or recording a person “in circumstances that give rise to a reasonable expectation of privacy”  EX: if the person is engaged in sexual activity or is nude  Various torts indirectly protect privacy:  Trespass to land: snooping photographer enters celebrity’s property  Breach of confidence : trusted employee violates promise of secrecy  Abuse of private information: newspaper publishes photograph of model coming out of a Narcotics Anonymous meeting  Misappropriation of personality: business uses celebrity’s image to sell product  Negligence : newspaper identifies victim in sexual assault case False Imprisonment:  Occurs when a person is confined within a fixed area without justification.  Elements of false imprisonment  Confinement: physical or psychological detention  Confinement within fixed area: prison, room, car, etc  Complete confinement: no easy escape available  Unjustified confinement: no consent (EX: bus passenger cannot demand new stop) Powers of arrest and detention  Police officers:  reasonable belief in commission of crime  no liability even if no actual crime  Private citizens (including security guards)  actual commission of crime  liable if reasonable but wrongful belief of crime Risk management o Business may reduce the risk of liability by calling a police officer, instead of directly arresting a suspect o Liability may still be imposed if a business directs a police officer to make an arrest, rather than merely state the facts Trespass To Land:  Occurs when the defendant improperly interferes with the plaintiff's land  Tort of trespass is not committed by a person who has legal authority to be on the property.  It is also assumed that the business consented to the intrusion (implicitly invited the customer onto the property) Elements of trespass   Lack of consent: guests and customers have consent (unless revoked)  Lack of legal authority: some public officials have authority  Remedies  Damages : compensatory, nominal, or punitive  Injunction: prevent ongoing trespass  EX: path persistently cut across neighbour’s lawn  Remove tres
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