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Chapter 4

BUS 393 Chapter Notes - Chapter 4: False Imprisonment, Punitive Damages, False Arrest


Department
Business Administration
Course Code
BUS 393
Professor
Robert Adamson
Chapter
4

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Chapter 4 – Intentional Torts
Nature of Torts
Tort committed when one person injures/harms another’s person/property/reputation
oThis gives the right to sue/seek remedy (ie injunction, punitive damages)
Normally, monetary award for damages as compensation
Must distinguish crimes from torts. Crimes = conduct so serious it poses threat to society
oProsecution done in criminal court where goal is to punish wrongdoer, not compensate victim
oTort = private. Victim sues person responsible for injury
oPossible for a victim in crime to sue for tort
Also distinguish from breach of contract. Breach may not be inherently wrong, but contract deems the
violation of terms unacceptable
oTort inherently wrong from social standard viewpoint
Two major categories of tortious activity: intentional (deliberate) or unintentional (careless) negligent
oNegligent more important area of tort for businesspeople/professionals
oIntentional torts more likely to be awarded punitive damages (in addition to general and special
damages)
General = estimated future losses
Special = cover actual expenses/calculable losses
Vicarious liabilityemployer can be held liable for employees tortious acts at work
Intentional Torts
Intentional does not mean wrongdoer intended harm, only that conduct itself was wilful (as opposed to
inadvertent)
Assault and Battery
Aka trespass to person = intentional physical interference with another person
Assaultperson thinks they are about to be struck (ie points gun, fakes punch)
oMotive/good will of attacker not relevant. Could be unwanted medical treatment/kiss)
Battery – intentionally makes unwanted physical contact with another person
Actionable even when no injury
Words/gestures/actions taken into consideration
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Chapter 4 – Intentional Torts
Defences
Consentperson expressly/implicitly consents to conduct loses right to sue
oException: excessive violence
oConsent must be informed; people must know what they are consenting to
Self-defence –entitled to use necessary force to defend themselves when being attacked
oTest = reasonable force
Trespass to Land
= going onto another persons property without lawful right or owners permission
Actionable even when no damage or injury takes place, or if intruder does not know they are
trespassing
oIgnorance of location no excuse
oIf intruder had no control of where they were, it would be a defence
Can occur indirectly, ie throwing something onto another persons property or building structure onto it
People acting in official capacity (ie postal workers) are not trespassing
Places where public welcome (ie malls); visitors have right to be there, unless they become unruly then
they can be asked to leave and reasonable force can be used to eject them
Person injured while trespassing has no claim against occupier
oSo long as occupier has no wilfully/recklessly caused harm for criminal purpose
Greater duty owed to minors who trespass (because it is foreseeable)Occupiers
Liability Act
Continuing trespasspermanent incursion on others property. Can take form of building or other
structure
oLikely remedy is injunction
False imprisonment
Includes false arrest. Occurs when people intentionally restrained against will by someone who has no
lawful authority to do so
oCould be form of imprisonment (held in cell/room) or form of arrest persons liberty =
totally restrained
Restraint must be unlawful
Citizens powers of arrest set out in criminal codes section 494 (outlined on pg 103)
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