Textbook Notes (363,019)
Canada (158,147)
LAW 122 (614)
Chapter 4


4 Pages
Unlock Document

Ryerson University
Law and Business
LAW 122
Theresa Miedema

CHAPTER 4 INTENTIONAL TORTS LAW 122  A number of torts require proof of the defendant’s intention.  Intentional torts o Assault o Battery o Invasion of privacy o False imprisonment o Trespass to land o Interference 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, o based on reasonably belief that physical contact will occur. o Plaintiff must have believed that bodily contact was imminent o Assault 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. - it is enough if the defendant gets a knife or bullet to touch the plaintiff - not every form of contact is offensive - Understanding the tort of battery is especially important for business that control crowds or rowdy customers.( bouncers and security personals) (use of reasonable force) 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. o Trespass of land o Breach of confidence o Abuse of private information o Misappropriation of personality o Negligence FALSE IMPRISONMENT - False imprisonment: occurs when a person is confined within a fixed area without justification. - It is not committed if the plaintiff can easily escape - An imprisonment is false only if done without authority - A private citizen can only make an arrest if a crime is actually being committed by the suspect - Malicious prosecution: occurs when the defendant improperly causes the plaintiff to be prosecuted. - Malicious prosecution: hard to prove court has to prove: o the defendant started the proceedings o out of malice or some improper purpose and o without honesty believing on reasonable grounds that a crime had been
More Less

Related notes for LAW 122

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.