Chapter 4 Flashcards
Intentional torts
Occur when a person intentionally acts a certain way rather than being careless
Intention to do the action that causes harm, not necessarily intention to cause harm
Meaning of intentional differs depending on Tort
Assault
Definition
- to intentionally create reasonable belief that offensive bodily contact is imminent
Purpose of tort
- discourage threats and maintain peace
Elements of assault
Reasonable
- even if defendant lacked ability (unloaded gun)
Belief
- Actual bodily contact irrelevant (missed punch)
Imminent
- distant threat insufficient (i’ll kick you next week)
Offensive
- even if not harmful or frightening (threat to punch, even if too small to hurt victim)
Battery
Definition
- to intentionally create offensive bodily contact
Purpose of tort
- discourage violence and maintain peace
Elements of battery
Bodily contact
Offensive
- generally excludes normal social
interaction
- doesn’t need to be harmful just unwanted
- includes actions not harmful (unwanted, life-saving, blood transfusion)
Risk management
- to avoid vicarious liability employees should train employed security personalities to use reasonable force
Assault and battery
Frequently committed together
In my mind, threat of contact without actual contact (assault only)
Actual contact without warning (battery only)
Invasion of privacy
Currently no general tort
Wish to support freedom of expression and information
Desire to strike a fair balance (courts reluctant to award damages to celebrities for bad publicity when they see how good publicity)
Losses are often intangible and difficult to quantify (embarrassment)
Common law responds
Developments in privacy law
Some jurisdiction appeared to be developing a Tort for invasion privacy
False imprisonment
Definition
Unjustified confinement with fixed area
Purpose of tort
Protect individuals, freedom of movement
Elements of false imprisonment
Unjustified
No consent or unreasonable
Confinement
Includes physical or psychological
Complete confinement and fixed area , not applicable if plaintiff can easily escape
Without authority
Without authority to combine or make an arrest
Arresting and detention
Police officer can arrest upon belief without liability
Citizen may arrest on belief, but will be liable if untrue
Call police instead of personally arresting
Malicious prosecution
Definition
Improperly causing plaintive to be prosecuted
Malice prosecution elements
Plaintiff must prove defendant started proceedings
- out of malice or improper purpose
- Without honest belief of guilt
- plaintiff is found not guilty
Trespass to land
Definition
Improper interference with land
Elements of trespass to land
Lack of consent
Lack of authority (some public officials have author)
Trespassing land by customers
Customers normally have consent to access building during hours
but consent may be revoked
Businesses cannot violate human rights by revoking consent
Remedies for trespass land
Damages
Compensatory
Nominal
Punitive
Injunction (authoritative, warning or order)
Preventing ongoing trespass
Requirement to remove trespassing structure
Removal of trespasser
Chattels
Moveable forms of property
Trespass to chattels
Definition
interference with plaintiff chattels
elements
interference by taking destroying using or possibly touching
remedy
usually compensatory damages
Conversion
Definition
Someone takes your property for themselves and acts like something you own belongs to them
Remedy
Defendant required to buy at market value at time tort committed
Buying a stolen good means you’re liable if they cannot find thief
Exception to conversion
Does not apply to stolen money
Detinue
Definition
Failure to return chattel plaintiff is entitled to prosess
Element
Plaintiff to demand return
Remedy
return chattel or compensatory damages
Keeping your work laptop after being fired
Recapture
Remedy available for trespass to chattel conversion or detinue
Grab item
Can’t use excessive force and owner risk liability for battery
Complete defence
Consent
Legal authority
Self-defence
