m3 Flashcards
intentional tort
intention to commit act (deliberate)
- no need to prove intention to commit tort/cause harm
interference w person
- protection of personal interests: physical well being, liberty, dignity
forms of interference with the person
assault + battery invasion of privacy false imprisonment malicious prosection defamation
tort of assault
discourage threats and maintain peace
- intentionally create reasonable belief of imminent and offensive bodily contact
elements of tort of assault
- reasonable BELIEF of imminent bodily contact -> actual bodily contact irrelevant
- RESAONABLE belief of bodily contact -> even if defendant lacked ability
- resonable belied of IMMINENT bodily contact –> distant threat sufficient
- reasonable belief of OFFENSIVE bodily contact
tort of battery
discourage violence and maintain peace
- to intentionally create offensive bodily contact
elements of tort of battery
- bodily contact (sufficient if clothing or object)
- contact considered offensive
assault v battery
A: threat of contact WITHOUT actual contact
B: actual contact wo warning
tort of invasion of privacy
private interests - protection of right to privacy
societal interests - protection of freedom of expression, open and free flow of info, safety and security
standard of care (tort of invasion of privacy)
reasonable expectation of privacy in the circumstances
- exception: consent, police
tort of false imprisonment
unjustified confinement within fixed area
elements of tort of false imprisonment
- confinement (physical detention)
confinement within fixed area
-complete confinement (no easy escape)
-unjustified confinement(no consent)
powers of arrest and detention
false imprisonment = unjustified detention
- police officers: reasonable belief in commission of crime - not liable
- private citizens: actual commission of crime - liable
tort of malicious prosecution
malicious prosecution = unjustified prosecution
elements of malicious prosecution
- prosec initiated by def
- outcome of prosec in favour of plf
- no reasonable and probable grounds for prosec
- prosec motivated by malice/primary purpose of prosec not for enforcing the law
tort of trespass to land
intentional interference with land (immovables)
exceptions: consent/ legal auth
remedies to tort of trespass to land
- damages: compensatory, nominal, punitive
- injunction: prevent ongoing trespass, remove trespassing structure
risk management -interference with chattels
liable for intentional torts
forms of interference with chattels
tort of; trespass to chattels, conversion, detinue
tort of trespass to chattels
interference with plf personal property
remdy to tort of trespass to chattels
compensatory damages - repair of damaged chattel
tort of conversion
serious interference with chattels to justify forced sale
- theft/destruction
factors of tort of conversion
- amount of control exercised by def
- extent def denied the plf rights
- duration of interference
- expense and inconvenience to plf
remedy tort of conversion
compensatory damages
- def must buy chattel from plf
- -> price = market value at time of tort
tort of detinue
detention of chattel after demand for return
-def must be in possession /control of chattel
remedy of tort of detinue
usually comp damages
- occasionally return of chattel to plf
defences to intentional torts
complete def: consent, legal auth, self def, necessity
partial: provcation, contributory negligence
