Chapter 4 Objectives:

Explain the general nature of intentional torts and define

intention as it applies to those torts
o Involve intentional, rather than merely careless, conduct
o Example: defendant may be held liable for battery if they
deliberately punched the plaintif

Describe and distinguish the torts of assault and battery

o Assault:
Occurs when the defendant intentionally causes the
plaintif to reasonably believe that ofensive bodily
contact is imminent
o Battery:
Consists of ofensive bodily contact

Identify a situation in which battery presents a particular

danger for business people who occasionally attract
undesirable customers
o A bouncer at a club is allowed to use reasonable force to
remove a obnoxious or rowdy customer

Explain why the concept of reasonable force is important

to the tort of battery
o Protects people in areas of work such as security

List 4 reasons why tort law does not yet contain a

separate tort of invasion of privacy
1. It would potentially protect celebrities who complain about
bad publicity
2. They want to support freedom of speech
3. They are concerned about defining the concept of privacy
in a way that strikes fair balance between the parties
4. It is difficult to calculate compensatory damages for the
kinds of harm such as embarrassment

List 5 ways in which tort law may indirectly protect itself

against liability
1. Photographer who sneaks onto property to obtain a picture
trespass of land
2. Employees who publish embarrassing details about their
employers private life breach of confidence
3. Published photo of Naomi Campbell coming out of an NA
meeting private information
 4. Company that makes unauthorized use of a celebritys
image misappropriation of personality
5. A newspaper that disregards a judges instruction and
publishes the name of an officer who had been sexually
assaulted during an investigation negligence

Explain the tort of false imprisonment and describe how a

business can protect itself against liability
o Occurs when a person is confined within a fixed area
without justification
o If the plaintif agreed to be confined, the business is not
liable (example of escape room)

Describe the tort of malicious prosecution

o Occurs when the defendant improperly causes the plaintif
to be prosecuted

Describe the tort of trespass to land and explain when a

business is entitled to prohibit people from coming onto
its premises
o Occurs when the defendant improperly interferes with the
plaintifs land
o Business can prohibit people from entering the property if
there is a significant risk in doing so (nuclear power plant,
construction area, etc.)

Identify and explain 4 complete defences and two partial

defences
o Complete Defence:
Protects the tortfeasor from all liability
1. Consent exists if a person voluntarily agrees
to experience an interference with their body,
land, or goods
2. Legal Authority provides a person with a
lawful right to act in a certain way
3. Self-Defence consists of the right to protect
oneself from violence and the threat of
violence
4. Necessity applies if he defendants actions
were justified by an emergency

o Partial Defence:
Allows a court to reduce damages on the basis of the
plaintifs own responsibility for a loss or an injury
1. Provocation consists of actions that would
cause a reasonable person to lose self-control
2. Contributory Negligence occurs when the
plaintif is partially responsible for the injury
that the defendant tortiously caused