Chapter 4 Intentional Torts

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25 Apr 2012
Chapter 4: Intentional Torts
Intentional Torts: involve intentional, rather than merely careless, conduct (assault, battery, invasion of
privacy, false imprisonment, trespass to land, interference with chattels)
Assault & Battery
Tort of Assault: when the defendant intentionally causes the plaintiff to reasonably believe that
offensive bodily contact is imminent. The tort is not based on physical contact but instead of reasonable
belief that such contact will occur. It is designed to keep peace by discouraging people to do. It is also
enough for the plaintiff to reasonable believe that bodily contact would occur. The plaintiff must have
believe that the bodily contact was also imminent (immediate) and an assault can occur even if the
plaintiff was not frightened.
Tort of Battery: consist of offensive bodily contact. The requirement from bodily contact is not strictly
applied, it is enough from the defendant to make contact with the plaintiffs clothing or with something
that the plaintiff is holding. Not every form of contact is offensive like normal social interactions.
Invasion of Privacy
-Privacy is indirectly protected by several torts such as Tort of Trespass to land, Breach of Confidence,
English courts have recognized a Tort of Abuse of Private Information, Misappropriation of
Personality, and Negligence
-2005, Parliament enacted section 162 of the Criminal Code, the crime of “voyeurism” is committed by
secretly observing or recording a person “in circumstances that give rise to a reasonable expectation of
privacy” if that person is engaged in a sexual activity or is partially/fully nude.
False Imprisonment
Tort of False Imprisonment: occurs when a person is confined within a fixed area without justification.
The defendant does not commit a false imprisonment by obstructing one path while leaving another
reasonably open or if the plaintiff can easily escape. It does not have to be physical but may be
physiological. If a business tells an officer to arrest someone rather than letting the officer conclude for
Malicious Prosecution: occurs when the defendant improperly causes the plaintiff to be prosecuted
-If the person gives consent, the defendant will not be held liable
Police Officers: are able to arrest anyone who is reasonably suspected of being in the act of committing a
crime or having committed a serious crime in the past; if those are true than the officer cannot be held
liable even if the person is innocent
Private Citizens: is entitled to make an arrest only if a crime is actually being committed by the suspect.
Trespass to Land
Tort of Trespass to Land: occurs when the defendant improperly interferes with the plaintiff’s land. The
tort of trespass is not commuted by a person who has legal authority to be on a property such as a
police officer with a search warrant. The usual remedy for a trespass is compensation for the harm that
is caused. A court may offer nominal damages if there was no loss, or punitive damages if the
defendant’s conduct was shockingly bad. An injunction may be necessary if you wanted something
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