Essay on McInnes 4e Ppt Ch04 - 1861 Words

MANAGING THE LAW
(4TH EDITION)

Chapter 4: Intentional Torts

Chapter 4 Overview


Intentional Torts


Interference with person





Trespass to land
Interference with chattels




Assault and battery, invasion of privacy, false imprisonment, malicious prosecution

Trespass, conversion, detinue

Defences to Intentional Torts: complete and partial

Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-2

Intentional Torts




Occur when a person intentionally acts in certain ways, rather than merely acting careless Meaning of “intention” differs depending on tort: 



Some require intention to harm plaintiff (see
Chapter 5)
Others require only intention to act a certain way




eg intent to build a fence, whether or not you knew it was on my land (tort of trespass to land)
These torts are examined here in Chapter 4

Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-3

Assault


Definition




To intentionally create reasonable belief that offensive bodily contact is imminent

Purpose of tort


Discourages threats and maintains peace

Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-4

Elements of Assault


Reasonable belief of imminent offensive bodily contact:






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Reasonable: even if defendant lacked ability
(eg unloaded gun)
Belief: Actual bodily contact irrelevant (eg missed punch)
Imminent: distant threat insufficient (eg kick you next week)
Offensive: even if not harmful or frightening
(eg threat to punch even if too small to hurt victim) Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-5

Battery


Definition




To intentionally create offensive bodily contact Purpose of tort


Discourage violence and maintain peace

Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-6

Elements of Battery



“Bodily contact” broadly defined
“Offensive” generally excludes normal social interactions




includes actions not harmful (eg unwanted life-saving blood transfusion)

Risk management


To avoid vicarious liability, employers should train employed security personnel to use reasonable force

Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-7

Assault and Battery



Frequently committed together
Occasionally committed apart




Threat of contact without actual contact
(assault only)
Actual contact without warning (battery only) Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-8

Invasion of Privacy


Currently no general tort of “invasion of privacy” 



Wish to support freedom of expression and information Desire to strike fair balance




eg courts reluctant to award damages to celebrities for bad publicity when they seek out good publicity

Losses are often intangible and difficult to quantify 

eg embarrassment

Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-9

Indirect Protection of Privacy


Some torts indirectly protect privacy
Tort

Description

Trespass to
Land

Photographer entering celebrity’s property to sneak photo

Breach of
Confidence

Employees publishing details about employer’s private life
Wedding guests publishing private celebrity photos Abuse of
Private
Information

Photos of celebrity leaving Narcotics
Anonymous meeting

Misappropriat Unauthorized use of celebrity’s image to sell
Copyright © 2014 Pearson ion of the product Managing
Chapter 4-10
Canada Inc.
Law,
4e
Personality

Developments in Privacy Law




Some jurisdictions appear to be developing a tort of invasion of privacy
Canadian courts have imposed liability for: 




Surveillance camera to monitor neighbour’s backyard Unauthorized use of photograph in magazine
Unauthorized disclosure of HIV-positive status Managing the
Law, 4e

Copyright © 2014 Pearson
Canada Inc.

Chapter 4-11

Statutory Protection of Privacy


Crime of voyeurism: s. 162, Canada’s
Criminal Code




Secretly observing or recording a person who has

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