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LAW 122 (625)
Chapter 4

Chapter 4

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Law and Business
LAW 122
Avi Weisman

Monday September 26 , 2011 Chapter 4 Intentional Torts Intentional Torts: -intention = intention to commit act  no need to prove intention to commit tort  no need to prove intention to cause harm -Intentional torts  interference with person  assault and battery  invasion of privacy  false imprisonment  trespass to land  interference with chattels  trespass, conversion, detinue -Defenses to Intentional Torts  Complete defence  Partial defence -protection of personal interests  physical well-being (Example: assault and battery)  liberty (Example: false imprisonment)  dignity (Example: invasion of privacy) Assault and Battery: -Assault: -definition: to intentionally create the perception of imminent and offensive bodily contact -purpose: discourage threats and maintain peace -elements of assault:  reasonable belief that contact will occur (swing fist at me)  reasonable belief of bodily contact (unloaded gun)  belief of imminent bodily contact (distant threat insufficient)  threat of offensive bodily contact (no need for defendant to be frightened) - Battery: -Battery: seldom sue for assault alone; usually joined w/battery -definition: offensive bodily conduct -elements:  “bodily conduct” loosely defined (example: knife or bullet can touch P)  bodily contact generally needs to be considered offensive (as opposed to harmful)  normal social interaction is allowed (example: elevator jostle) -understanding tort of battery is important for businesses that control crowds (example: bouncers, security) -can`t use more than reasonable force; even if crime or other wrong was first committed on you (example: catching thief) Monday September 26 , 2011 Invasion of Privacy: -with new technologies emerging people concerned with there privacy interests -tort law has yet to catch up with such technological advances 0generally there is no independent tort of invasion of privacy (people are not required to look away or keep quiet about what they see) -reasons for reluctance:  courts want to support freedom of expression and information  difficult to find balance (example: celebrities)  difficult to calculate compensatory damages for the harm such as embarrassment -privacy is indirectly protected (example: trespass to land, misappropriation of personality etc.) -courts are coming around to it; Criminal Code - voyeurism  voyeurism is a crime of secretly observing or recording a person in circumstances that gives rises to a reasonable expectation of privacy False Imprisonment: -occurs when a person is confined within a fixed area without justification -scope of the tort is wide; elements include:  confinement within fixed area  actual prison is not necessary; could be trapped in car, room etc  the confinement must be practically complete  no easy escape available  physical force is not necessary; could be psychological detention  embarrassed and believing there is no other option  Example: caught stealing and told to go to the back room  unjustified confinement  did plaintiff consent to be confined (bus passengers)  consent is a complete defence for all intentional torts -Powers of Arrest and Detention:  Police Officers:  reasonable belief in commission of crime (current or past)  no liability even if no actual crime  Private Citizens:  rules are much narrower (including for security guards)  can make arrest only if crime is actually being committed  liable if reasonable but wrongful belief of crime  law favours a customer’s freedom of movement -Risk Management:  Business may reduce the risk of liability by calling a police officer, instead of directly arresting a suspect  Liability may still be imposed if a business directs a police officer to make an arrest, rather than merely state the facts Trespass to Land: -definition: intentional interference with land -broad interpretation of intent: enough if plaintiff intended to do the act even if it did not intend to do wrong or cause damage  Example: building fence on neighbours property Monday September 26 , 2011 -elements of trespass to land:  lack of consent  guests and customers have consent  assumed that business consents to the customer`s intrusion  business can usually revoke consent as long as it does not violate human rights  if business revokes consent, a customer who remains becomes a trespasser  business can then use reasonable force to remove them  lack of legal authority  some public officials have authority (example: building inspector, meter reader) -remedies can be compensatory, punitive, or nominal damages -plaintiff
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