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Canada (158,140)
LAW 122 (614)
Chapter 4

LAW122 Chapter 4 Notes.docx

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Ryerson University
Law and Business
LAW 122
Jared C.Allen

LAW122 Chapter 4 Notes An intentional tort involves intentional rather than careless conductProtection of personal interests o Physical wellbeing o Liberty o DignityEx assault battery invasion of privacy false imprisonment trespass to land and interference with chattels Assault and BatteryThese two are frequentlycommitted together o Threat of contact without actual contact assault only o Actual contact without warning battery only Assault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent 1 The tort is not based on physical contact 2 Its based on belief that physical contact may occurEx you may commit assault if you point a gun at someone loaded or unloaded or swing a punch at someone but not hit them Battery consists of offensive bodily contact 1 You must touch the person and cause them bodily harmEx stabbing or shooting someone punching them kissing someone while they objectBusinesses can be held liable if the security guard uses excessive force Invasion of Privacy There is no specific tort against the invasion of privacy The courts want to support freedom of expression and freedom of information There are several torts that indirectly protect privacy 1 A photographer who sneaks onto your property to obtain photos is committing a trespass to land tort 2 Employees who publish embarrassing details about their employers private life may beliable for breach of confidence3 English courts have recognized a tort of abuse of private informationFor example a super model was coming out of a Narcotics Anonymous meeting where she was photographed and published and she sued 4 A company that makes unauthorized use of a celebrity image to sell its own products maycommit the tort of misappropriation of personality
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