Chapter 4 - Intentional Torts

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Management (MGS)
Professor Rybak

Chapter 4Intentional TortsTort Law DefinedTortmeans wrong use in law to describe many activities that result in damage to others with the exception of a breach of trust a breach of duty that is entirely contractual in nature or a breach of a merely equitable obligationWrong committed by one person against another or against the persons property or reputation either intentionally or unintentionallyThe Development of Tort LawIn business transactions and activities law of torts and law of contract are two major areasContract law applies to business activities where the parties have voluntarily agreed to their rights and responsibilities and which the courts will enforce through civil actionTort law a party affected by a business activity that causes injury need not necessarily be associated with the business transaction but is injured by itBusinesses are responsible for the actions of their employees in the course of carrying out their dutiesIntentional Interference with the PersonForms of wilful or intentional interference are the torts of assault and battery and false imprisonmentThese torts are ancient and represent breaches of the kings peace and intentional injuryAssault and BatteryAssaultthreat of violence or injury to a personBatterythe unlawful touching or striking of another personAssault and battery are considered to be a single tort but each one referes to a separate tortAssault is the threat of violence and battery is the application of force to the personBattery might be committed but unintentional ie colliding into each otherBattery is actionable when the force is applied with the intention of casuing harmwhere it does not cause harm it must be done wo consent in anger or accompanied by a threat of injury or violence to constitute as a tortassault need not be accompanied by the application of forcethe plaintiff is compensated for damages caused by defendantthe principal thrust of these awards is to deter the defendant from any similar actions in the future and to act as a general deterrent for the publicsometimes defendant may use selfdefence as an argument in their defencethe defendant has to establish that the amount of force used was reasonable and necessary under the circumstances employer vicarious liabilitythe liability of an employer for acts of his or her employees in the course of business1
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