LAW 122 Chapter Notes - Chapter 4: Detinue, Contributory Negligence, Self-Defense
LAW - Chapter 4 - Intentional Torts
Intentional torts - involve intentional, rather than merely careless, conduct
Assault - occurs when the defendant intentionally causes the plaintiff to
reasonably believe that offensive bodily contact is imminent
oNot based on physical contact, based on reasonable belief that such
contact will occur
oIt is enough if the plaintiff reasonably believed it would occur
oPlaintiff must believed that it was imminent
oCan occur even if plaintiff wasn't frightened
Battery - consists of offensive bodily contact
oPhysical contact isn’t strictly applied (knife, bullet)
oNot every form is offensive
Invasion of privacy
oPrivacy is indirectly protected by several torts
Trespass to land, breach of confidence, abuse of private
information, misappropriation of personality, tort of
negligence
False imprisonment - when a person is confirmed within a fixed area
without justification
oPhysical force isn’t necessary, can be psychological
oMalicious prosecution - when the defendant improperly causes the
plaintiff to be prosecuted
oThe tort does not arise if the plaintiff agreed to that arrangement
oAn imprisonment is false only if it is done without authority
oA private citizen - security guard - is entitled to make an arrest only if
a crime is actually being committed by the suspect
Trespass to land - when the defendant improperly interferes with the
plaintiff’s land
oIncludes the air above it and ground beneath it
oIntentional - but low test (intention to act)
oLand - above, on, or below
oInterference - wide definition
oImproper
Consent = not “improper” (a defence)
Legal authority = not “improper” (a defence)
Interference with chattels
oChattels - moveable forms of property
oTrespass to chattels - when the defendant interferes with chattels in
the plaintiff’s possess
oConversion - when the defendant interferes with the plaintiff’s
chattels in a way that is serious enough to justify a forced sale
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Document Summary
Intentional torts - involve intentional, rather than merely careless, conduct. Battery - consists of offensive bodily contact: physical contact isn"t strictly applied (knife, bullet, not every form is offensive. Invasion of privacy: privacy is indirectly protected by several torts. Trespass to land, breach of confidence, abuse of private information, misappropriation of personality, tort of negligence. Legal authority = not improper (a defence) Tort comes to an end as soon as the defendant returns the property. The right of recaption allows a person to take their own property back. Complete defence - protects the tortfeasor from all liability. Consent - exists if a person voluntarily agrees to experience an interference with their body, land or goods. Legal authority - provides a person with a lawful right to act in a certain way. Self defence - consists of the right to protect oneself from the violence and the threat of violence.
