Chapter 4 Intentional Torts
* 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
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