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Chapter 4

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Law and Business
LAW 122
Jane Monro

9/25/2013 6:52:00 PM Intentional Torts Involve intentional, rather than merely careless, conduct  Assault, battery, invasion of privacy, false imprisonment, trespass to land, interference with chattels Assault and Battery Assault and Battery are different in tort  Assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent o Not based on physical contact, but reasonable belief such contact will occur  Battery consists of offensive bodily contact o Bodily contact can be contact with the plaintiff with a knife/gun or just contact with his/her clothes or something the plaintiff is holding o Not all is battery, normal social interaction is fine (brushing through a crowd) Invasion of Privacy As technology advances, people are concerned with their privacy, camera lens can zoom in a lot and capture a photo from far; cellphone cameras can secretly record images inside a washroom  No general tort of invasion of privacy  Privacy is indirectly protected by several torts: o Photographer who sneaks onto someone’s property to obtain pictures commits tort of trespass to land o Employees who publish embarrassing details about their employers private life are liable for breach of confidence False Imprisonment Occurs when a person is confined within a fixed area without justification  An actual prison is not necessary (could be trapped in a car, locked in a room, etc.)  Physical force is not necessary, detention maybe psychological  Calling the police to reduce risk of liability will not eliminate the risk, if arrest is made the business will be liable for false imprisonment  Even if the business did not direct an arrest, it could be liable for the tort of malicious prosecution: occurs when the defendant improperly causes the plaintiff to be prosecuted (focuses on being subject to criminal proceedings not detention) Trespass to Land Occurs when the defendant improperly interferes with the plaintiff’s land  Person who has a right to a piece also has rights to air above & ground underneath  If asked to leave or excluded and you come back, you are a trespasser  Usual remedy for a trespass to land is compensation for the harm it caused Interference with Chattels Tort law protects land and chattels: movable forms of property (horses, books, cars, etc.)  Courts have developed many torts to protect chattels, some being: o Trespass to chattels, Conversion, Detinue  Trespass to chattels occurs when the defendant interferes with chattels in plaintiffs possession o Trespassing if it damaged, takes, uses the goods, or even just touches it  Tort of conversion occurs when defendant interferes with the plaintiffs chattels in a way that is serious enough to justify a forced sale o Ex: defendant takes, detains, uses, buys, sells, or destroys plaintiffs property o Conversion laws treat money and assets differently  Tort of Detinue occurs when the defendant fails to return a chattel that the plaintiff is entitled to possess o Word “Detinue” means detention o Right of reception allows a person to their property back Defences to Intentional Torts Complete Defences  Protectors the tortfeasor from all liability Different defences: o Consent, legal authority, self-defence, necessity Consent Consent is by far the most impor
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