BLAW 201: Chapter 4 Intentional Torts

Assault

To intentionally create reasonable belief that offensive bodily contact is imminent.

Battery

To intentionally create offensive bodily contact.

False imprisonment

Intentional act involving physical or psychological forces causing person to be confined within fixed area without justification.

Malicious prosecution

Criminal proceedings commenced for malicious or improper purpose without honest belief on reasonable grounds that crime was committed resulting in acquittal of accused.

Trespass to land

Intentional act causing person or object to interfere with land.

Interference with chattels

Includes trespass, conversion, detinue.

Interference with the Person

Pertinent Torts include assault, battery, false imprisonment, and malicious prosecution.

Defences to Intentional Torts

Include complete and partial defences.

Elements of Assault

Reasonable belief of imminent offensive bodily contact.

Elements of Battery

Bodily contact broadly defined; offensive generally excludes normal social interactions.

Risk management for Assault and Battery

Employers should train employed security personnel to use reasonable force.

Invasion of Privacy

Currently no general tort of 'invasion of privacy.'

Intentional Torts

Occur when a person intentionally acts in certain ways, rather than merely acting careless.

Purpose of Assault

Discourages threats and maintains peace.

Purpose of Battery

Discourage violence and maintain peace.

Reasonable belief in Assault

Even if defendant lacked ability, belief in imminent threat is key.

Imminent threat in Assault

Distant threat insufficient (e.g. 'kick you next week').

Offensive contact in Battery

Includes actions not harmful (e.g. unwanted life-saving blood transfusion).

Assault and Battery

Frequently committed together; occasionally committed apart.

Threat of contact

Assault only involves threat without actual contact.

Actual contact

Battery only involves actual contact without warning.

Indirect Protection of Privacy

Some torts indirectly protect privacy like, trespass to land, breach of confidence, abuse of private information and misaappropriation personality negligence.

Losses in Privacy

Losses are often intangible and difficult to quantify (e.g. embarrassment).

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.

Misappropriation of Personality

Unauthorized use of celebrity's image to sell product.

Negligence

Public identification of victim in sexual assault case.

Invasion of Privacy Tort

Some jurisdictions appear to be developing a tort of invasion of privacy.

Surveillance Liability

Canadian courts have imposed liability for surveillance camera to monitor neighbour's backyard.

Unauthorized Photograph Use

Canadian courts have imposed liability for unauthorized use of photograph in magazine.

Unauthorized Disclosure

Canadian courts have imposed liability for unauthorized disclosure of HIV-positive status.

Intrusion Upon Seclusion

New tort created by the common law, namely Ontario Court of Appeal.
–Defendant’s conduct was intentional or reckless

–Defendant must have invaded, without lawful justification, the plaintiff’s private affairs or concerns

–A reasonable person would regard the invasion as highly offensive causing distress, humiliation or anguish

Defendant's Conduct

Defendant's conduct was intentional or reckless.

Crime of Voyeurism

Secretly observing or recording a person who has reasonable expectation of privacy if nude or in place reasonably expected to be nude, or engaged in sexual activity.

Purpose of False Imprisonment

Protects individuals' freedom of movement.

Elements of False Imprisonment

Unjustified confinement within a fixed area.

Confinement Types

Includes physical and psychological.

Complete Confinement

Not applicable if alternate path, or plaintiff can easily escape.

Authority to Confine

Without authority to confine, or 'make an arrest.'

Powers of Arrest - Police Officers

May arrest upon reasonable belief in commission of crime.

Powers of Arrest - Private Citizens

May arrest on actual commission of crime.

Malicious Prosecution Definition

Improperly causing the plaintiff to be prosecuted.

Malicious Prosecution Elements

Plaintiff must prove defendant started proceedings.

Malicious Intent

Out of malice or for some improper purpose.

Honest Belief Requirement

Without honest belief in guilt on reasonable grounds.

Outcome of Malicious Prosecution

Plaintiff was eventually found not guilty of crime.