Textbook Notes (363,550)
Canada (158,417)
BUS 393 (52)
Chapter 4

Chapter 4 – Intentional Torts

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Simon Fraser University
Business Administration
BUS 393
Richard Yates

Chapter 4Intentional TortsThe Nature of TortsTorta civil or social wrongoWhen one person causes injury to another harming person property or reputationoRemedies may include injunction punitive damages usually monetary damagesCrimesas distinguished from tortswrongs that affect society as a wholeWrongful conduct is often both a crime and tortStandard for torts is balance of probabilities while for crime it is beyond a reasonable doubtmuch easier to successfully sue for tortContrast Breach of contractaction which may not be inherently wrong but contractual relationship makes it unacceptableoTorts are inherently wrongful conduct that falls below a social standardTwo categories of tortuous activity intentional deliberate and unintentional carelessEmployers may be vicariously liable for employees torts while carrying out work duties Intentional TortsIntentional does not mean the wrongdoer intended harm but only that the conduct itself was willful and not inadvertent5 Intentional torts Assaultbattery Trespass to land False imprisonment Private nuisance and Defamation FATPDAssault and Battery Trespass to the personAssaultconduct that makes a person think he is about to be struck fear of contact eg faking a punch pointing gun picking up stone to threaten threatening words if a reasonable person would feel threatened with imminent harm or unwanted contact it is assaultoIntent to harm is not required motive or good will is not relevantoBoth words and gesturesactions are taken into accountBatterywhen someone intentionally makes unwanted physical contactEven if no injury the least touching of another in anger is batteryDefencesConsentexpressly or implicitly consenting to conduct eg medial patients boxers must be informed consent and interference cannot exceed the consentSelfDefencereasonablenecessary force permitted to defend self or eject trespasserTrespass to LandGoing onto another persons property without the lawful right or owners permission to do so even if the intruder does not know he is trespassing Can be temporary or permanent direct or indirectoIndirect trespass eg throwing something on a property or building a structure encroaching onto itPeople acting in official capacity have the right to come on private property eg postal workers meter readers inspectors police
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