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Canada (161,733)
LAW 122 (625)
Stan Benda (71)
Chapter 4

Chapter 4.docx

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Department
Law and Business
Course
LAW 122
Professor
Stan Benda
Semester
Winter

Description
Chapter 4Intentional tortsIntentional torts involve intentional rather than only careless conduct o Ex on pg 79 Assault and batteryAssault occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent abt to happenSeveral points in that definition o First the tort is not based on physical contactIt is based on a reasonable belief that such contact will occurEx on pg 79 o Second it is enough if the plaintiff reasonably believed that bodily contact would occurEx on pg 7980 o Third the plaintiff must have believed that bodily contact was imminentEx on pg 80 o Fourth an assault can occur even if the plaintiff was not frightenedEx on pg 80Battery consists of offensive bodily contact o Several points to noteFirst the requirement of bodily contact is not strictly appliedEx on pg 80Second not every form of contact is offensiveEx on pg 80Tort of battery is important for businesses that control crowdsremove rowdy customers o Bouncerssecurity should be trained properly since they injure ppl whom they throw out from concerts clubs etcConcept of reasonable force is important as well o Ex on pg 81 Invasion of privacyNo general tort of invasion of privacyThere r several reasons why the courts traditionally have been unwilling to recognize a tort of invasion of privacy o Want to support freedom of expressionfreedom of information o Are concerned abt defining the concept of privacy in a way that strikes a fair balance btwn the parties
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