Chapter 4 Intentional Torts

Topics: Tort, Tort law, Common law Pages: 4 (1096 words) Published: March 3, 2013
* Intentional Torts – involve intentional, rather than merely careless conduct; assault/battery, invasion of privacy, false imprisonment, trespass to land & the interference with chattels. * It is enough if one intends to do the act even if they did not intend to do wrong or cause damage b/c the law wants to protect property interests. ASSAULT AND BATTERY

* Assault – occurs when the defendant intentionally causes the plaintiff to reasonably believe that offensive bodily contact is imminent; tort is not based on physical contact, but on a reasonable belief that such contact will occur; battery – offensive bodily contact * Not based on physical contact

* Reasonably believe bodily contavt would occue
* Imminent, will occur immediately
* Any form of offensive contact even if no real harm i.e. kid punching me. * Battery – offensive bodily contact
* Includes gun, knife or even if it hits your cloth or something you’re holding * Not every form of contact is offensive, i.e. brushing by someone, kissing is though INVASION OF PRIVACY

* There is no general tort of invasion of privary
* The reason that the courts have been reluctant to recognize a tort of invasion/privacy is b/c they want to support the freedoms of expression/information. * Breach of Confidence – employees who publish embarrassing details about their employer’s private life. * Negligence – a newspaper that ignores a judge’s instructions & publishes the name of a police officer who had been sexually assaulted during an undercover investigation. * Section 162 of the Criminal Code: voyeurism – committed by secretly observing or recording a person “in circumstances that give rise to a reasonable expectation of privacy,” if that person is engaged in sexual activity or is partially or fully nude. * The definition of privacy has been left open so that the courts can flexibly respond to different types of situations. FALSE IMPRISONMENT...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • The Intentional Tort Essay
  • Intro to Torts Unit 3 Intentional Torts Essay
  • Torts Essay
  • Intentional Harm Tort-Hockey Essay
  • Chapter 12 Tort Assignment Essay
  • Intentional Torts Essay
  • Chapter 4 Essay

Become a StudyMode Member

Sign Up - It's Free