LAW 122 Chapter Notes - Chapter 4: False Imprisonment, Detinue, Punitive Damages

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Published on 19 Apr 2013
School
Ryerson University
Department
Law and Business
Course
LAW 122
Professor
CHAPTER 4 INTENTIONAL TORTS LAW 122
A number of torts require proof of the defendant’s intention.
Intentional torts
oAssault
oBattery
oInvasion of privacy
oFalse imprisonment
oTrespass to land
oInterference with chattels
Intentional Torts: involve intentional, rather merely careless, conduct. Have to have
intention towards actions.
- The plaintiff does not have to prove that the defendant intended to either cause harm or
commit a tort.
ASSAULT AND BATTERY
Assault and battery are two different meanings
ASSAULT: occurs when the defendant intentionally causes the plaintiff to
reasonably believe that offensive bodily conduct is imminent.
o Not necessarily based on physical contact, based on reasonably belief that
physical contact will occur.
oPlaintiff must have believed that bodily contact was imminent
oAssault can occur even if plaintiff was not frightened
-Peoples merely ever sue for assault alone because it is not worth the trouble and
expenses of litigation.
- Claim for assault usually joined with a claim of battery.
-Battery: consists of offensive bodily contact.
- Understanding the tort of battery is especially important for business that control
crowds or rowdy customers.( bouncers and security personals)
INVASION OF PRIVACY
- people are becoming more concerned with their privacy
- Many reasons why courts traditionally have been reluctant to recognize a tort of
invasion of privacy, they want to support freedom of expression and freedom of
information.
- Privacy is indirectly protected by several torts.
oTrespass of land
oBreach of confidence
oAbuse of private information
oMisappropriation of personality
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Document Summary

A number of torts require proof of the defendant"s intention. Intentional torts: assault, battery, invasion of privacy, false imprisonment, trespass to land, interference with chattels. Intentional torts: involve intentional, rather merely careless, conduct. The plaintiff does not have to prove that the defendant intended to either cause harm or commit a tort. Assault and battery are two different meanings. Peoples merely ever sue for assault alone because it is not worth the trouble and expenses of litigation. Claim for assault usually joined with a claim of battery. Understanding the tort of battery is especially important for business that control crowds or rowdy customers. ( bouncers and security personals) Invasion of privacy people are becoming more concerned with their privacy. Many reasons why courts traditionally have been reluctant to recognize a tort of invasion of privacy, they want to support freedom of expression and freedom of information.

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