Textbook Notes (363,559)
Canada (158,426)
LAW 122 (616)
Stan Benda (71)
Chapter 4


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Ryerson University
Law and Business
LAW 122
Stan Benda

Chapter 4 Intentional TortsA number of torts require proof of the defendants intention Torts that traditionally been labeled intentionally torts includeAssaultFalse imprisonmentBatteryTrespass to landInvasion of privacyInterference with chatteloIntentional Tortsinvolves intentional rather than merely careless conduct Eg Defendant may be held liable for battery if he deliberately punches the plaintiffASSAULT AND BATTERYoAssaultoccurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent There are several important points to this definitioniThe tort is not based on physical contact It is based on a reasonable belief that such contact will occurBut if you punch me from behind you do not commit the tort of assault if I didnt know that the blow came from youiiIt is enough if the plaintiff reasonably believed that bodily contact would occur As a result you may commit an assault by pointing a gun in my direction even if the gun is not loadediiiThe plaintiff must have believed the bodily contact was imminent Eg you probably would not commit an assault if you threaten to kick me two weeks from now something more immediate is necessaryivAn assault can occur even if the plaintiff was not frightened It is enough that the defendant threatened some form of offensive cont
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