BUS 393 Chapter 4: Chapter 4 – Intentional Torts

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The nature of torts: tort a civil or social wrong. Intentional does not mean the wrongdoer intended harm, but only that the conduct itself was willful and not inadvertent: 5 intentional torts: assault/battery, trespass to land, false imprisonment, Defences: consent expressly or implicitly consenting to conduct (eg. medial patients, boxers); must be informed consent, and interference cannot exceed the consent, self-defence reasonable/necessary force permitted to defend self or eject trespasser. Trespass to land: going onto another person"s property without the lawful right or owner"s permission to do so, even if the intruder does not know he is trespassing. Acts: continuing trespass permanent incursion onto another"s property (eg. encroaching on building) => likely remedy is injunction, defence: if the intruder had no control of where she was (eg. hit by a car and thrown there) Defamation: defamation a published false statement that is to a person"s detriment, must be derogatory, false, and published, and refer to the plaintiff.

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