Textbook Notes (369,035)
Canada (162,359)
MGSC30H3 (57)
H Laurence (33)
Chapter 4

Chapter 4 Notes

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Department
Management (MGS)
Course
MGSC30H3
Professor
H Laurence
Semester
Fall

Description
Chapter 4 Intentional Torts NotesIntentional Interference with the Person y interference with the person in tort law includes both wilful and unintentional interference y the principal forms of wilful or intentional interference are the torts of assault and battery and false imprisonment y today assault and battery constitute criminal offences under the Criminal Code in both serious and less serious forms y similarly false imprisonment is an offence under the Criminal Code when it takes the form of kidnapping or abduction y it remains a tort in those instances where persons are restrained without their consent Assault and Battery y assault and battery are frequently considered to be a single tort but in fact each term refers to a separate tort y assault originally referred to a threat of violence and battery to the application of force to the person y the damages that courts may award in assault and battery cases are designed to compensate the plaintiff for the injuries suffered y but in many cases particularly when the attack on the plaintiff is vicious and unprovoked the court may award punitive or exemplary damages as well y the principal thrust of these awards is to deter the defendant from any similar actions in the future and to act as a general deterrent y employer vicarious liabilitythe liability of an employer for acts of his or her employees in the course of business y while the employer may be liable for the actions of the employee in the case of a tort committed by the employee in the ordinary course of business only the employee will be liable for the criminal consequences of the act unless the employer had in some way directed or authorized the commission of the offence by the employee or the employer was aware of the propensity of the employee to commit violent acts Intentional Interference with the Reputation of a Person y defamation may take the form of either libel or slander y slander generally consists of false statements or gestures that injure a persons reputation y libel takes the form of printed or published slander y generally in a defamation action the plaintiff must establish that the defendants statements have seriously injured his or her reputation otherwise the court will award only nominal damages y if the defendants statements are true the plaintiff will not succeed as the truth will constitute a good defence to the plaintiffs claim y qualified privilege and absolute privilege are also recognized by the court as defences to a claim for defamation y absolute privilege as the name implies protects the speaker of the words absolutely regardless of the words truth or falsity and even if they are made with malicious intent y in some instances a qualified privilege may apply if the defendant can show that
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