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LAW 122 (616)


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Ryerson University
Law and Business
LAW 122
Asher Alkoby

CHAPTER 4INTENTIONAL TORTS Most torts require proof of the defendants intention Intentional tort intentional rather than merely careless conductASSAULT AND BATTERY Assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent1 Tort is not based on physical contact but no a reasonable belief that such contact will occur2 It is enough if the plaintiff reasonably believed that bodily contact would occur3 Plaintiff must have believed that bodily contact was imminent must be immediate4 Assault can occur even if the plaintiff was not frightened it is enough that the defendant threatened some form of offensive contactBattery consists of offensive of bodily contact1 The requirements of bodily contact is not strictly applied It is enough if the defendant causes something such as a knife or bullet to touch the plaintiff2 Not every form of contact is offensive normal social interactions is allowed A brush past my shoulder is not batteryINVASION OF PRIVACY There is no general tort of invasion of privacy Several reasons why the courts tradionally have been reluctant to recognize a tort of invasion of privacy want to support freedom of expression and freedom of information They are concerned with defining the concept of privacy in a way that strikes a fair balance between the parties Privacy is indirectly protected by several torts1 A photographer who sneaks onto someones property to obtain candid pictures commits the tort of trespass to land2 Employees who publish embarassing details about their employers private life may be liable for breach of contract3 English courts have recognized a tort of abuse of private information4 A company that makes unauthorized use of a celebritys image to sell its own products may commit the tort of misappropriation of personality5 A newspaper that ignores a judges instructions and publishes the name of a police officer who had been sexually assaulted during an undercover investigation may commit tort of negligenceFALSE IMPRISONMENT False imprisonment occurs when a person is confined within a fixed area without justification1 Actual prison is not necessary can be trapped in a car a room a boat etc2 Physical force is not necessary the detention may be psychological3 A business person may reduce the risk of liability by calling a police officer instead of directly arresting a suspect wont eliminate the risk4 Business might be liable for the tort of malicious prosecution when defendant improperly causes the plaintiff to be prosecuted Malicious prosecution hard to be prove court has to be satisfied that i the defendant started the proceedings ii Out of malice or for some improper purpose and iii Without honesty believing on reasonable grounds that a crime has been committed iv The plaintiff was eventually acquitted of the alleged crime
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