notes-chapter 4.docx

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Cinema Studies
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Lina Samuel

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Part 2: The Law of Torts Chapter 4: Intentional Torts Tort Law Defined Tort- legal term derived from the Latin word tortus meaning “wrong”. - person's behaviour has unfairly caused someone else to suffer loss or harm - may not necessarily be an illegal action The Development of Tort Law A tort and crime can arise from the same incident; Distinction between criminal and tort law:  Criminal is public (crown brings the action)—public wrongs or wrongs by society  Tort law is private (injured party brings the action in civil court)—private wrongs or wrongs against the individual Intentional Interference with the Person Assault and Battery Assault: A threat of violence or injury to a person Battery: The unlawful touching or striking of another person - Not every application of force is a battery in law; applied with the intention of causing harm. If it does not cause harm, it must be done without consent or in anger Damages—to compensate victim for injuries; and punitive damages awarded in situations of vicious and unprovoked attacks - Defenses: Provocation and Self Defense Provocation—only taken into account in determining punitive damages; i.e. still have liability Self Defense—can be a complete defense if defendant can establish that he/she had a genuine fear and force used was reasonable in circumstances Employer Vicarious Liability: The liability of an employer for acts of his or her employees in the course of business - employer liable only for civil consequences not criminal unless directed or authorized the act False Imprisonment - unlawful restraint or confinement of the individual by a person - most common in security personnel situations - need not require actual physical restraint - may restrain if a crime was committed - Peace officers may mistakenly restrain without committing the tort of false imprisonment - Police must have reasonable and probable grounds Forcible Confinement: confinement against a person’s will - a criminal offence - lack of resistance is generally not a defense Defenses (to false imprisonment) - if you find someone committing an indictable offence you can arrest the person - if you
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